Diogelu’r Amgylchedd, Cymru Enwi, cychwyn a rhychwantu 1 1 Enw’r Rheoliadau hyn yw Rheoliadau Dyddodi Gwastraff Heb Awdurdod (Cosbau Penodedig) (Cymru) 2017. 2 Daw’r Rheoliadau hyn i rym drannoeth y diwrnod y’u gwneir. 3 Mae’r Rheoliadau hyn yn rhychwantu Cymru a Lloegr. Diwygio Deddf Diogelu’r Amgylchedd 1990 2 1 Mae Rhan II o Ddeddf Diogelu’r Amgylchedd 1990 (Gwastraff ar Dir) wedi ei diwygio fel a ganlyn. 2 Ar ôl adran 33ZA (hysbysiadau cosb benodedig am fynd yn groes i adran 33(1)(a): Lloegr) mewnosoder— Fixed penalty notices for contravention of section 33(1)(a): Wales 33ZB 1 Where an authorised officer of a Welsh waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence. 2 In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section. 3 A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty. 4 Where a person is given a notice under this section in respect of an offence— a no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice, and b the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period. 5 A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state— a the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence, b the amount of the fixed penalty, and c the person to whom and the address at which the fixed penalty may be paid. 6 If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address. 7 It is an offence to— a fail to give a name or address when required to do so under subsection (6), or b give a false or inaccurate name or address in response to a requirement under that subsection. 8 A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 9 The fixed penalty payable in pursuance of a notice under this section— a is an amount not less than £150 and not more than £400, as specified by the Welsh waste collection authority whose authorised officer gave the notice, or b if no amount is specified by that authority, is £200. 10 A Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice. 11 In any proceedings, a certificate which— a purports to be signed by or on behalf of the chief finance officer of a Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and b states that the payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. 12 In this section— “authorised officer” in relation to a Welsh waste collection authority, means— an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section; a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices; “chief finance officer”, in relation to a Welsh waste collection authority, means the person having responsibility for the financial affairs of the authority; “Welsh waste collection authority” means a waste collection authority whose area is in Wales. 3 Yn adran 73A (defnyddio derbyniadau cosb benodedig) , yn is-adran (2) ar ôl “33ZA,” mewnosoder “33ZB,”. Lesley Griffiths Ysgrifennydd y Cabinet dros yr Amgylchedd a Materion Gwledig, un o Weinidogion Cymru 24 Hydref 2017