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The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023
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Service of final notice
15.—(1) At the end of the period for making representations and objections, the regulator must decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.
(2) The regulator must take into account any third party undertaking that it accepts in deciding—
(a)whether or not to serve a final notice, and
(b)the amount of any variable monetary penalty it imposes.
(3) Where the regulator decides to impose a variable monetary penalty, the regulator must serve a notice imposing it (“final notice”) that complies with paragraph 16.
(4) The regulator must not serve a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.
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