New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 228
Withdrawal of penalty notice
(1) An enforcement officer belonging to the same class of officers as the
enforcement officer by whom a penalty notice has been issued-- (a) may
withdraw the notice within 28 days after the date on which the notice was
issued, and
(b) must withdraw the notice immediately if directed to do so by
the EPA.
(2) The following provisions have effect in relation to an alleged
offence if a penalty notice for the alleged offence is withdrawn in accordance
with this section-- (a) The amount that was payable under the notice ceases to
be payable.
(b) Any amount that has been paid under the notice is repayable
to the person by whom it was paid.
(c) Further proceedings in respect of the
alleged offence may be taken against any person (including the person to whom
the notice was issued) as if the notice had never been issued.
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