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Environment (Wales) Act 2016

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This is the original version (as it was originally enacted).

Costs recovery

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9(1)If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.

(2)In sub-paragraph (1), the reference to costs includes (among other things)—

(a)investigation costs;

(b)administration costs;

(c)costs of obtaining expert advice (including legal advice).

(3)Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a)the notice specifies the amount required to be paid;

(b)the administrator may be required to provide a detailed breakdown of that amount;

(c)the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d)the person required to pay costs may appeal against—

(i)the decision of the administrator to impose the requirement to pay costs;

(ii)the decision of the administrator as to the amount of those costs.

(4)Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).

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