Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Schedule 2 – Claims for compensation by owners and contributories Section 34 – Penalty for obstructing monitoring activities or assessments
135.Subsection (1) provides that it is an offence to intentionally obstruct or interfere with an inspection or other monitoring activity under section 10, or a preliminary or full assessment under Chapter 2.
136.Subsection (2) provides that a person who is found guilty of such an offence is liable on summary conviction to a fine.
137.Subsection (3) provides that a contravention of subsection (1) by the Crown does not make the Crown criminally liable. This is consistent with the policy expressed in section 28(3) of the Legislation (Wales) Act 2019, which provides that an Act of Senedd Cymru does not make the Crown criminally liable, but applies to persons in the service of the Crown as it applies to other persons.