Part 3: Waste and Resource Efficiency Section 59: Electronic waste tracking: Northern Ireland New article 5H Further provision about regulations under Article 5G
Paragraph (1) allows the regulations to make provision about the enforcement of requirements imposed by or under the regulations.
	Paragraph (2) allows the creation of criminal offences, including the detail of such offences, for failing to comply with the regulations which can result in a fine.
	Paragraph (3) allows the regulations to enable the Department to impose civil sanctions, to determine the amount of a civil sanction if a payment is required under it, to set out what factors should be taken into account when determining the amount, and to include any appeals process.
	Paragraph (4) defines "civil sanction" as a sanction for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
	Paragraph (5) clarifies that the regulations allow for the imposition of sanctions whether or not the conduct constitutes an offence.
	Paragraph (6) provides the power to make consequential and similar amendments to a number of regulations and consequential amendments to primary legislation by regulations.
	Subsection (3) of section 59 amends Article 82 of the Waste and Contaminated Land (Northern Ireland) Order 1997. This inserts paragraphs (1B) and (1C) after paragraph (1A) into Article 82. These paragraphs clarify the Assembly procedure to be used in relation to the new powers contained in new Article 5G. Paragraph (1B) clarifies that paragraph (1) does not apply to regulations mentioned in that paragraph. In such cases paragraph (1C) applies. The effect of this is that the regulations mentioned in paragraph (1B) are subject to the affirmative Assembly procedure as per paragraph (1C). Paragraph (1B) states the types of regulations that are subject to affirmative Assembly procedure. These affirmative triggers are the first set of regulations made under new Article 5G, the creation of a criminal offence, increasing the maximum penalty for a criminal offence, the creation of a new civil sanction, and amending primary legislation or retained direct principal EU legislation.
	Section 59 extends and applies to Northern Ireland.