Regulation 23 Register of enforcement action

(1)

Natural Resources Wales must establish and maintain an electronic register (a “public register”) containing details of—

(a)

any conviction for an offence under regulation 16 or 17;

(b)

any civil sanction imposed under regulation 19 where—

(i)

any appeal has been finally disposed of, or

(ii)

if there has been no appeal, the time for lodging any appeal has expired;

(c)

any enforcement cost recovery notice served under regulation 20.

(2)

Information relating to civil sanctions must be removed from the public register no later than 4 years after the information was entered on the register.

(3)

Information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, must not be included in the public register before those proceedings are finally disposed of.

(4)

In paragraph (3), “criminal proceedings” includes prospective criminal proceedings.

(5)

Natural Resources Wales must—

(a)

enter information under paragraph (1) on the public register as soon as reasonably practicable after it comes within Natural Resources Wales’ possession,

(b)

make the public register available for inspection by members of the public at all reasonable times, free of charge, and

(c)

permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge.

(6)

The public register may be kept in any form but must be indexed or arranged so that members of the public can readily trace information contained in it.