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The Landfill Allowances Scheme (Wales) Regulations 2004
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Penalties: failure to comply with reporting requirementsE+W
14.—(1) Except where paragraphs (2) and (4) apply, the amount of the penalty to which a waste disposal authority is liable under section 12(3) of the Act is £1,000.
(2) Where a waste disposal authority—
(i)understates the amount of collected municipal waste or the amount of [F1collected municipal waste] sent to landfills; or
(ii)overstates the amount of [F2collected municipal waste] diverted to other waste facilities,
the penalty to which a waste disposal authority is liable under section 12(3) of the Act is £200 per tonne of the error.
(3) For the purposes of paragraph (2), “the error” is the amount by which the actual amount of [F3biodegradable collected municipal waste] which was sent to landfill by the waste disposal authority in the scheme year exceeds the amount of [F3biodegradable collected municipal waste] which would have been sent to landfill for that year if the figures stated by the authority had been correct.
(4) Where a waste disposal authority fails to submit any returns in relation to a scheme year in accordance with regulation 6(4), that authority is liable to a penalty equal to £400 for each tonne of the total allowance allocated to that authority for that scheme year.
Textual Amendments
F1Words in reg. 14(2)(i) substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 7(b)
F2Words in reg. 14(2)(ii) substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 7(c)
F3Words in Regulations substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 8
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