New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 93

93 Time for commencing proceedings

(1) Proceedings for an offence under this Act or the regulations may be commenced:

(a) in the case of a prescribed offence-within but not later than 3 years after the date on which the offence is alleged to have been committed, or

(b) in any other case-within but not later than 12 months after that date.

(2) Proceedings for an offence under this Act or the regulations may also be commenced:

(a) in the case of a prescribed offence-within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer, or

(b) in any other case-within but not later than 12 months after that date.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of an authorised officer is the date specified in the court attendance notice, unless the contrary is established.

(4) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(5) In this section:
"authorised officer" means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.
"evidence of an offence" means evidence of any act or omission constituting the offence.
"prescribed offence" means:

(a) an offence under section 60 or 103, or

(b) an offence against this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.