The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007

Welsh Statutory Instruments

2007 No. 739 (W.67)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007

Made

06 March 2007

Coming into force

15 March 2007

The National Assembly for Wales (“the National Assembly”) is, in relation to Wales, the appropriate person as defined—

(a) in section 11(1) of the Refuse Disposal (Amenity) Act 1978(1), for the purpose of exercising the powers conferred by section 2A(11) of that Act;

(b) in section 9(1) of the Control of Pollution (Amendment) Act 1989(2), for the purpose of exercising the powers conferred by section 5B(12) of that Act;

(c) in section 29(1A)(b) of the Environmental Protection Act 1990(3), for the purpose of exercising the powers conferred by sections 34A(12) and 47ZB(4) and (5) of that Act;

(d) in section 98(1A)(b) of the Environmental Protection Act 1990(4), for the purpose of exercising the powers conferred by sections 88(11) and 97A(1), (2) and (4) of that Act;

(e) in section 11(2A)(b) of the Noise Act 1996(5), for the purpose of exercising the powers conferred by section 8A(4) and (5) of that Act;

(f) in section 47(1) of the Anti-social Behaviour Act 2003(6), for the purpose of exercising the powers conferred by sections 43A(4) and (5) and 47(4) of that Act;

(g) in section 9(2) of the Clean Neighbourhoods and Environment Act 2005(7), for the purpose of exercising the powers conferred by section 6(11) of that Act;

(h) in section 66(b) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 59(12) and 60(4) and (5) of that Act;

(i) in section 81(1) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by section 74(4) and (5) of that Act; and

(j) in section 98(1)(b) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by section 97(1)(a) and (2)(c) of that Act.

The National Assembly for Wales in exercise of the powers conferred upon it by section 67(1) of the Clean Neighbourhoods and Environment Act 2005 and the powers cited in sub-paragraphs (a) to (j) above, makes the following Regulations:

(1)

1978 c. 3; the definition of the “appropriate person” in section 11(1) was inserted by section 14(3) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and section 2A was inserted by section 10 of the 2005 Act.

(2)

1989 c. 14; the definition of the “appropriate person” in section 9(1) was inserted by section 39(2) of the Clean Neighbourhoods and Environment Act 2005, and section 5B was inserted by section 38 of the 2005 Act.

(3)

1990 c. 43; section 29(1A) was inserted by section 51 of the Clean Neighbourhoods and Environment Act 2005, section 34A was inserted by section 45 of the 2005 Act and section 47ZB was inserted by section 48 of the 2005 Act.

(4)

1990 c. 43; section 98(1A) was inserted by section 26 of the Clean Neighbourhoods and Environment Act 2005, section 88(11) was inserted by section 19(6) of the 2005 Act, and section 97A was inserted by section 24 of the 2005 Act.

(5)

1996 c. 37; section 11(2A) was inserted by section 85(2) of the Clean Neighbourhoods and Environment Act 2005 and section 8A was inserted by section 82(2) of the 2005 Act.

(6)

2003 c. 38; section 43A was inserted by section 28(2) of the Clean Neighbourhoods and Environment Act 2005 and section 47(4) was inserted by section 30(2) of the 2005 Act.

(7)

2005 c. 16.