Page:Resource Sustainability Act 2019.pdf/32

This page has been proofread, but needs to be validated.
RESOURCE SUSTAINABILITY
33


(b) the appellant withdraws the appeal.

Recovery of financial penalties

33.—(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt.

(2) Any financial penalty and any interest on the financial penalty payable by any person under this Act must be paid to the Agency and is recoverable by the Agency as a debt due to the Agency from that person; and the person’s liability to pay is not affected by the person’s licence ceasing, for any reason, to be in force.

(3) The Agency may, in any case it thinks fit, waive, remit or refund, wholly or in part, any financial penalty or any interest on the financial penalty payable under this Act.

(4) All financial penalties and interest on the financial penalties collected by the Agency under this Act must be paid into the Consolidated Fund.

Keeping of records

34.—(1) A licensee must keep and maintain complete and accurate records of the following, in accordance with such requirements as may be prescribed under section 52:

(a) details of the licensee’s collection activities;
(b) the quantity of specified waste the licensee has sent for treatment or recycling;
(c) the fees charged to members of the producer responsibility scheme that the licensee operates.

(2) A licensee must—

(a) retain the records mentioned in subsection (1) for the prescribed period or longer;
(b) during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the