(1) A proceeding for an offence against this Act, or for a vegetation clearing
offence, must be taken in a summary way under the Justices Act 1886.
(2)
Subject to subsection (4) , a proceeding for an offence against this Act must
start—
(a) within 1 year after the commission of the offence; or
(b) within
1 year after the offence comes to the complainant’s knowledge, but within 5
years after the offence is committed.
(3) Despite the Planning Act , and
subject to subsection (4) , a proceeding for a vegetation clearing offence
must start—
(a) within 1 year after the commission of the offence; or
(b)
within 1 year after the offence comes to the complainant’s knowledge, but
within 5 years after the offence is committed.
(4) If a Magistrates Court
considers it just and equitable in the circumstances, the court may, at any
time, extend a time set under this section.
(5) Subsection (4) —
(a)
applies to an offence regardless of whether it was committed before or after
the commencement of the subsection; and
(b) does not apply to an offence if
the time for starting a proceeding for the offence had expired before the
commencement of the subsection.
(6) A vegetation clearing offence does not
come to the complainant’s knowledge merely because the complainant receives
a remotely sensed image that may provide evidence of the offence.
