9. Where a local authority is liable to a penalty under section 3(7) of the Measure or under these Regulations, the Welsh Ministers may either waive the penalty, or assess the amount due by way of penalty and notify the local authority accordingly.
10. The amount of financial penalty to which a local authority is liable under section 3(7) of the Measure is £200 per tonne by which a local authority falls short of the target amount.
11. A local authority is liable to a penalty of £1000 when it—
(a)fails to maintain records in accordance with regulation 4;
(b)fails to submit a return in accordance with regulation 5;
(c)fails to comply with the requirements of a notice served under regulation 6.
12.—(1) Any penalty imposed by the Welsh Ministers is due one month after the date on which the local authority is notified by the Welsh Ministers of the amount of the penalty.
(2) Where a local authority is liable to a penalty and does not pay the penalty by the date upon which it is due under paragraph (1), the local authority is liable to pay interest on the penalty for the period which—
(a)begins on the date under paragraph (1); and
(b)ends on the day before the date on which a penalty assessed is paid.
(3) Interest under this regulation is payable at a rate of one percentage point above the LIBOR on a day to day basis.
(4) For the purposes of paragraph (3), “LIBOR” means the sterling three month London interbank offered rate in force during the period between the date on which the penalty becomes due and the day before the date on which the penalty is paid to the Welsh Ministers.
(5) Where a penalty has been assessed and notified to a local authority, the penalty and any interest incurred is recoverable as a civil debt.
(6) For the purposes of this regulation, references to penalties include references to interest when payable.