ENVIRONMENTAL PROTECTION ACT 1994 - SECT 353
Effect of program notice
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 353
Effect of program notice
353 Effect of program notice
(1) On receipt of the program notice by the administering authority, the
person giving the notice must not be prosecuted for a continuation of the
original offence that happens after the authority receives the notice.
(2)
Subsection (1) has effect only until whichever of the following happens
first—
(a) the person receives from the administering authority a
transitional environmental program for the activity;
(b) the person receives
from the administering authority a notice of refusal to approve an application
for the issue of a transitional environmental program for the activity;
(c)
if the person does not make an application for the issue of a transitional
environmental program for the activity to the administering authority by the
day stated in the notice given to the person under section 352(1) —the end
of the stated day.
(3) The person may be prosecuted for a continuation of the
original offence under the program notice that happens after the authority
received the notice if subsection (1) ceases to apply to the person under—
(a) subsection (2) (b) if the administering authority states in the notice of
refusal to approve the application—
(i) it is satisfied in the circumstances
that subsection (1) should not apply to the person; and
(ii) the reasons for
the decision; and
(iii) the review or appeal details; or
(b) subsection (2)
(c) .
(4) Subsection (3) applies even if the continuation of the original
offence happened while subsection (1) applied.