4.—(1) Article 4 of the 1997 Order (offence of unauthorised or harmful deposit etc of waste) is amended as follows.
(2) For paragraphs (8) to (10) (penalties) substitute—
“(8) Subject to paragraph (9), a person who commits an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £50,000 or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
(9) A person (other than an establishment or undertaking) who commits a relevant offence shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(10) In this Article “relevant offence” means an offence under this Article in respect of a contravention of paragraph (1)(c) consisting of the treatment, keeping or disposal within the curtilage of a domestic property of household waste from that property.
(11) In determining the amount of any fine to be imposed on a person convicted of an offence under this Article, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”.
(3) This Article does not have effect in relation to an offence committed before the coming into operation of this Article.