New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.4

13.4 Time within which proceedings may be commenced

(1) Proceedings for an offence against this Act or the regulations, or for a native vegetation offence, may be commenced not later than 2 years after the date on which the offence is alleged to have been committed.

(2) Proceedings for an offence against this Act or the regulations, or for a native vegetation offence, may also be commenced within, but not later than, 2 years after the date on which evidence of the alleged offence first came to the attention of any relevant investigation officer.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of any relevant investigation officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of any relevant investigation officer is the date specified in the court attendance notice or application, unless the contrary is established.

(4) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(5) In this section--

"evidence" of an offence means evidence of any act or omission constituting the offence.

"investigation officer" means an authorised officer within the meaning of Part 12, whether or not the person has the functions of an investigation officer in connection with the offence concerned.

"relevant investigation officer" means--

(a) in relation to proceedings for an offence instituted by or with the authority of the Environment Agency Head--any investigation officer who is an employee of the Office of Environment and Heritage, or

(b) in relation to proceedings for an offence instituted by any other person--any investigation officer.