Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 25B

Contravention

             (1)  The Minister may issue a written certificate:

                     (a)  stating that a specified person has contravened, or is contravening, a specified civil penalty provision set out in this Division; and

                     (b)  setting out particulars of that contravention.

             (2)  The Minister may issue a certificate under subsection (1) relating to a particular contravention if the Minister has reason to believe that the person concerned has committed, or is committing, the contravention.

             (3)  To avoid doubt, a certificate under subsection (1) may be issued even if any relevant proceedings under section 475, 480A, 480K or 481 have been instituted.

Proposal

             (4)  The Minister may issue a written certificate stating that, if a specified person were to carry out a proposal to engage in specified conduct, that conduct would contravene a specified civil penalty provision set out in this Division.

             (5)  The Minister may issue a certificate under subsection (4) if the Minister has reason to believe that:

                     (a)  the person proposes to engage in the conduct concerned; and

                     (b)  the conduct would contravene the civil penalty provision concerned.

             (6)  To avoid doubt, a certificate under subsection (4) may be issued even if any relevant proceedings under section 475 have been instituted.