S.L. 549.161 Art. 13Administrative penalties.

(1) Any developer who fails to reach the targets specified in regulation 9(1) shall be subject to an administrative penalty as specified in Schedule 2.

(2) Any developer who fails to abide with any provision of these regulations shall be subject to an administrative penalty depending on the nature and severity of the breach, not exceeding forty thousand euro (€40,000).

SCHEDULE 1 PRE-DEMOLITION AUDIT (regulation 5(4))

The pre-demolition audit shall include:

1. identification of all waste streams foreseen to be generated;

2. estimated quantities of the identified waste streams;

3. which materials can be separated at source;

4. which materials are not suitable for re-use or recycling;

5. information on the management of the hazardous and non-hazardous waste fractions;

6. information on the recycling possibilities of demolition, excavation and construction;

7. an estimate of the percentage (%) re-use and recycling potential of material or waste to be generated; and

8. a reason for the need to demolish the existing structure.

SCHEDULE 2 ADMINISTRATIVE PENALTIES FOR NON-ATTAINMENT OF WASTE MANAGEMENT TARGETS (regulations 9(1) and 13)

In cases where the developer fails to meet the targets, the applicable administrative penalty shall be calculated as follows:

(a) for targets specified in paragraphs (a) and (b) of regulation 9(1):

A = total material or waste generated, in tonnes

B = % target

C = actual material re-used or waste prepared for re-use or recycled, in tonnes

D = five euro (€5) in case of high-density residential FRAMEWORK

developments serving sixteen (16) or more units, three euro (€3) for major developments

((A x B) - C) x D = applicable penalty in euro

(b) for targets specified in paragraphs (c) and (d) of regulation 9(1):

A = construction material used, in tonnes

B = % target

C = actual construction material used in the development that has been re-used or recycled, in tonnes

D = five euro (€5) in case of high-density residential developments serving sixteen (16) or more units, three euro (€3) for major developments

((A x B) - C) x D = applicable penalty in euro