New South Wales Consolidated Acts

SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 - SECT 69

69 Time within which proceedings may be commenced

(1) Proceedings for an offence against this Act or the regulations may be commenced within but not later than 2 years after the date on which the offence is alleged to have been committed.

(2) Proceedings for an offence against this Act or the regulations may also be commenced within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of any authorised officer.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of any 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 any authorised officer is the date specified in the information or application, 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 a member of staff of the Sydney Catchment Authority Division who is designated by the SCA as an authorised officer for the purposes of this section or whose official duties are concerned with the enforcement of this Act or the regulations or with the investigation or prosecution of offences or alleged offences against this Act or the regulations, and includes any class of persons prescribed by the regulations.
"evidence" of an offence means evidence of any act or omission constituting the offence.