New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 221

221 Penalty notices and related proceedings

(1) This Division does not affect the power to issue a penalty notice under Division 3 or the taking of enforcement proceedings in relation to the penalty notice or in relation to the offence to which the penalty notice relates.

(2) Enforcement proceedings include proceedings under Part 3 or 4 of the Fines Act 1996 , including, in particular, proceedings taken under section 37 of that Act in respect of the offence to which the penalty notice relates, where the person concerned elects to have the matter dealt with by a court.

(3) Proceedings referred to in subsection (2) in respect of the offence to which the penalty notice relates may be instituted--

(a) by a person who is an enforcement officer within the meaning of section 226 in relation to the class of offence concerned, or

(b) if such an enforcement officer is an officer or employee of a public authority--by the public authority, or by an officer or employee of the public authority under section 220.

(4) In this section--

"employee" of an authority includes a person whose services are used by the authority and who is, in respect of those services, subject to the direction and control of the authority.