Victorian Current Acts

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ENVIRONMENT PROTECTION ACT 2017 - SECT 347

Persons who may take proceedings

    (1)     The Authority may appoint a person who is an employee or an officer of the Authority to take proceedings for offences against this Act or the regulations.

S. 347(2) amended by No. 36/2022 s. 59(1).

    (2)     Subject to subsections (3), (4), (5), (6) and (7), proceedings for an offence against this Act or the regulations may only be taken by a person appointed under subsection (1).

S. 347(3) amended by No. 36/2022 s. 59(2).

    (3)     A person may take proceedings for an offence against a provision relating to permits that the regulations specify are to be enforced by a council if appointed to do so by the council.

    (4)     A litter authority or litter enforcement officer may take proceedings for an offence against a provision of Part 6.3.

    (5)     A prescribed person may take proceedings for an offence against the regulations.

    (6)     A person who may serve an infringement notice under section 307(1) may, if a person who is served with an infringement notice elects to have the matter of the infringement offence heard and determined by the Magistrates' Court, take proceedings for that offence.

S. 347(7) inserted by No. 36/2022 s. 59(3).

    (7)     If a council or public sector body has been delegated powers or functions in relation to any offences against section 25, 27, 286, 287 or 288, the council or public sector body may appoint a person who is an employee or an officer of the council or public sector body (as the case may be) to take proceedings for those offences.

S. 347(8) inserted by No. 36/2022 s. 59(3).

    (8)     A council or public sector body who makes an appointment under subsection (7) may impose any conditions on the appointment that the council or public sector body considers necessary.

S. 348 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).



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