Waste Management Act 1996

10A

F38 [ Fixed payment notice for certain offences relating to producer responsibility

10A. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this Act referred to as a fixed payment notice ) in writing and in the prescribed form stating that

( a ) the person is alleged to have committed that offence,

( b ) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice,

( c ) the person is not obliged to make the payment specified in the notice, and

( d ) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given

( a ) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice the payment specified in the notice, accompanied by the notice,

( b ) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority or Agency, as appropriate, shall retain the money for disposal in accordance with subsection (5) , and

( c ) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is

( a ) 2,000, where the relevant offence consists of a contravention of Regulation 10(5)(a) of the WEEE Regulations,

( b ) 1,000, where the relevant offence consists of a contravention of

(i) Regulation 17(3) or 21(1)(b) of the Batteries and Accumulators Regulations,

(ii) Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a) or 22(1) of the End-of-Life Vehicles Regulations,

(iii) Regulation 10(1)(b), 10(1)(c) or 10(1)(d) of the Packaging Regulations, or

(iv) Regulation 10(7) or 15(1)(a)(ii) of the WEEE Regulations,

(c) 500, where the relevant offence consists of a contravention of

(i) Regulation 21(4)(a) or 32(c) of the Batteries and Accumulators Regulations,

(ii) Regulation 10(1)(a), 15(1)(b) or 15(2)(c) of the Packaging Regulations, or

(iii) Regulation 13(5), 29(a)(i), 29(a)(ii) or 30(3) of the WEEE Regulations,

or

( d ) 100, where the relevant offence consists of contravention of Regulation 33 of the End-of-Life Vehicles Regulations.

(5) ( a ) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section.

( b ) Moneys received by the Agency pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the Agency with the prior consent of the Minister and the Minister for Public Expenditure and Reform.

(6) ( a ) In this section

authorised person means

(i) in relation to a relevant offence referred to in paragraph (b)(i) , an authorised person within the meaning of the Batteries and Accumulators Regulations,

(ii) in relation to a relevant offence referred to in paragraph (b)(ii) , an authorised person within the meaning of the End-of-Life Vehicles Regulations,

(iii) in relation to a relevant offence referred to in paragraph (b)(iii) , an authorised person within the meaning of the Packaging Regulations, and

(iv) in relation to a relevant offence referred to in paragraph (b)(iv) , an authorised person within the meaning of the WEEE Regulations;

Batteries and Accumulators Regulations means the European Union (Batteries and Accumulators) Regulations 2014 ( S.I. No. 283 of 2014 );

End-of-Life Vehicles Regulations means the European Union (End-of-Life Vehicles) Regulations 2014 ( S.I. No. 281 of 2014 );

Packaging Regulations means the European Union (Packaging) Regulations 2014 ( S.I. No. 282 of 2014 );

WEEE Regulations means the European Union (Waste Electrical and Electronic Equipment) Regulations 2014 ( S.I. No. 149 of 2014 ).

( b ) In this section relevant offence means

(i) an offence under Regulation 47 of the Batteries and Accumulators Regulations consisting of a contravention of Regulation 17(3), 21(1)(b), 21(4)(a) or 32(c) of those regulations,

(ii) an offence under Regulation 34 of the End-of-Life Vehicles Regulations consisting of a contravention of Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a), 22(1) or 33 of those regulations,

(iii) an offence under Regulation 34 of the Packaging Regulations consisting of a contravention of Regulation 10(1)(a), 10(1)(b), 10(1)(c), 10(1)(d), 15(1)(b) or 15(2)(c) of those regulations, or

(iv) an offence under Regulation 39 of the WEEE Regulations consisting of a contravention of Regulation 10(5)(a), 10(7), 13(5), 15(1)(a)(ii), 29(a)(i), 29(a)(ii) or 30(3) of those regulations. ]

Annotations:

Amendments:

F38

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 35, S.I. No. 358 of 2015.

Editorial Notes:

E100

The section heading is taken from the amending section in the absence of one included in the amendment.

E101

Power pursuant to section exercised (14.07.2016) by Waste Management (Fixed Payment Notice) (Producer Responsibility) Regulations 2016 (S.I. No. 373 of 2016).