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The Environmental Civil Sanctions (Wales) Order 2010
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PART 2Civil sanctions, notices and undertakings
Civil sanctions, notices and undertakings
3.—(1) Schedule 1 makes provision for fixed monetary penalties.
(2) Schedule 2 makes provision for variable monetary penalties, compliance notices, restoration notices and third party undertakings.
(3) Schedule 3 makes provision for stop notices.
(4) Schedule 4 makes provision for enforcement undertakings.
(5) Those terms not defined in the Regulatory Enforcement and Sanctions Act 2008 have the meanings specified in those Schedules.
Scope
4. Schedule 5 sets out the provisions creating the offences to which this Order relates.
Combination of sanctions
5.—(1) A regulator may not serve a notice of intent relating to a fixed monetary penalty if a variable monetary penalty has been imposed or a compliance notice, restoration notice or stop notice has been served on that person relating to the same act or omission.
(2) A regulator may not serve a notice of intent relating to a variable monetary penalty, compliance notice or restoration notice, or serve a stop notice, on any person if, in relation to the same act or omission—
(a)a fixed monetary penalty has been imposed on that person, or
(b)that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.
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