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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 25B

Evidentiary certificates

Contravention

  (1)   The Minister may issue a written certificate:

  (a)   stating that a specified person has contravened, or is contravening, a specified civil penalty provision set out in this Division; and

  (b)   setting out particulars of that contravention.

  (2)   The Minister may issue a certificate under subsection   (1) relating to a particular contravention if the Minister has reason to believe that the person concerned has committed, or is committing, the contravention.

  (3)   To avoid doubt, a certificate under subsection   (1) may be issued even if any relevant proceedings under section   475, 480A, 480K or 481 have been instituted.

Proposal

  (4)   The Minister may issue a written certificate stating that, if a specified person were to carry out a proposal to engage in specified conduct, that conduct would contravene a specified civil penalty provision set out in this Division.

  (5)   The Minister may issue a certificate under subsection   (4) if the Minister has reason to believe that:

  (a)   the person proposes to engage in the conduct concerned; and

  (b)   the conduct would contravene the civil penalty provision concerned.

  (6)   To avoid doubt, a certificate under subsection   (4) may be issued even if any relevant proceedings under section   475 have been instituted.


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