New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 365

365 Penalty notices for certain offences

(1) In this section:
"penalty notice" means a notice to the effect that, if the person served with the notice does not wish to have an alleged offence dealt with by a court, the person may pay, in accordance with the notice, the penalty specified in the notice.
"penalty notice offence" means an offence against this Act or the regulations that is declared by the regulations to be a penalty notice offence.

(2) An authorised officer may serve a penalty notice on a person who appears to the authorised officer to have committed a penalty notice offence.

(3) The amount of the penalty to be specified in a penalty notice is the amount prescribed by the regulations for the alleged offence, being an amount not exceeding the maximum penalty which could be imposed for the offence by a court.

(4) A penalty notice may be served personally or by post.

(5) If the amount of the penalty prescribed by the regulations for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.

(6) Payment of a penalty under this section is not to be regarded as an admission of liability for the purposes of, nor is in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

(7) The Ministerial Corporation may withdraw a penalty notice at any time within 28 days after the date on which it was served and, in that event:

(a) the amount payable under the notice ceases to be payable, and

(b) any amount that has been paid under the notice is repayable to the person by whom it was paid, and

(c) further proceedings for the offence in respect of which the notice was served may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.

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