CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 92A Penalty notices

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 92A

92A Penalty notices

(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.

(2) The Fines Act 1996 applies to a penalty notice issued under this section.

Note : The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.

(5A) An authorised officer, whether or not the officer by whom the 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.

(5B) The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with subsection (5A)--

(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.

(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.