New section 9A modifies section 33A of the Environmental Protection Act 1990 (the 1990 Act) to increase the maximum amount at which the fixed penalty for a fly- tipping offence can be set by the Scottish Ministers from level 2 to level 3 on the standard scale, thereby increasing the maximum fixed penalty amount that may be set by way of secondary legislation from £500 to £1000. 11. Additionally, it gives the Scottish Ministers the ability to provide for different penalty amounts in different cases, for example, a higher penalty amount where a previous fixed penalty notice (FPN) has been issued to the same person, with the maximum amount not exceeding level 3 on the standard scale, which is currently £1,000.