Paragraph 9 Power to impose a variable monetary penalty

A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

Before serving a notice relating to a variable monetary penalty on a person, Natural Resources Wales may require the person to provide such information as is reasonable to establish any benefit (financial or otherwise) arising as a result of the contravention.

In determining the amount of a variable monetary penalty, Natural Resources Wales must consider the following factors—