Paragraph 12 Final notice of decision to impose a variable monetary penalty

If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the penalty specified in the notice of intent, Natural Resources Wales may, after considering any representations or objections made within the 28 day period, decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.

Where the contravention to which the notice of intent relates is a criminal offence, Natural Resources Wales may not serve a final notice on the person if Natural Resources Wales is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.