# The Digital Waste Tracking (England) Regulations 2026, Paragraph 9


(1) 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.
(2) Before imposing a variable monetary penalty or serving a notice of intent in relation to any contravention, the Agency 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.
(3) In determining the amount of a variable monetary penalty, the Agency must take into consideration (but is not limited to) the following factors—
(a) environmental impact or potential impact of contravention;
(b) benefit arising as a result of the contravention;
(c) culpability;
(d) previous history of non-compliance.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348282726/schedule/2/paragraph/9 (the official version)
Page: https://openlegislation.uk/draft-digital-waste-tracking-england-regulations-2026/schedule-2/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.