New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 216

216 Time within which summary proceedings may be commenced

(1) Proceedings for an offence under this Act or the regulations may be commenced--

(a) in the case of a prescribed offence--within but not later than 3 years after the date on which the offence is alleged to have been committed, or

(b) in any other case--within but not later than 12 months after that date.

(2) Proceedings for an offence under this Act or the regulations may also be commenced--

(a) in the case of a prescribed offence--within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or

(b) in any other case--within but not later than 12 months after that date.

(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 authorised 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 authorised officer is the date specified in the court attendance notice or application, unless the contrary is established.

(4) This section applies only to proceedings that are to be dealt with summarily.

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

(6) In this section--

"authorised officer" means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.

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

"prescribed offence" means--

(a) an offence arising under Part 5.2, or

(b) an offence arising under Part 3.2, or

(c) an offence arising under section 143 (Unlawful transporting of waste) or 144 (Use of place as waste facility without lawful authority), or

(ca) an offence under section 144AAA (Unlawful disposal of asbestos waste) or 144AAB (Re-use and recycling of asbestos waste prohibited), or

(c1) an offence under section 142A (Pollution of land) or 144AA (False or misleading information about waste), or

(c1a) an offence under section 167A (False or misleading information), or

(c3) an offence under section 120 (Prohibition of pollution of waters) but only in relation to underground or artesian water, or

(c4) an offence under section 144AB (Repeat waste offenders), or

(c5) an offence arising under section 169A (Liability of directors etc for offences by corporation--offences attracting executive liability generally) that is in respect of an offence against section 47 (1), 48 (2) or 144AA (1) committed by a corporation, or

(c6) an offence arising under section 169B (Liability of directors etc for offences by corporation--accessory to the commission of the offences) that is in respect of an offence referred to in paragraphs (a)-(c3) committed by a corporation, or

(c7) an offence under section 296C(1), or

(c8) an offence under section 296E(1), or

(d) an offence against this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.

"relevant authorised officer" means--

(a) in relation to proceedings for an offence instituted by or with the consent of the EPA or a member of the staff of the EPA--any authorised officer who is a member of the staff of the EPA, or

(b) in relation to proceedings for an offence instituted by or with the consent of a local authority or an officer or employee of such an authority--any authorised officer who is an officer or employee of that authority, or

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