Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 41 – Penalty for failure to comply with notice
169.Subsection (1) provides that an owner who is given a notice under section 35 commits an offence if, without reasonable excuse, the owner fails to carry out the operations within the period specified in the notice, or, if the notice period is extended under section 39, within that extended period.
170.Subsection (2) provides that a person who is found guilty of the offence under subsection (1) is liable to a fine.
171.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.