Paragraph 4 Final notice of decision to impose a fixed monetary penalty

If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 1(1) to Natural Resources Wales, Natural Resources Wales may, after considering any representations or objections made during that period, serve a final notice (“final notice”) imposing a fixed monetary penalty.

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.