ENVIRONMENTAL PROTECTION ACT 1986 - SECT 114

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 114

114 .         Prosecutions, who may institute

        (1)         Proceedings in respect of a Tier 1 offence, whether by way of —

            (a)         giving a modified penalty notice under section 99A(2)(b); or

            (b)         prosecution for the offence,

                as determined by the CEO, are not to be instituted otherwise than by the CEO.

        (1a)         Subject to subsections (3) and (4), proceedings in respect of a Tier 2 offence, whether by way of —

            (a)         giving a modified penalty notice under section 99A; or

            (b)         prosecution for the offence,

                as determined by the CEO, are not to be instituted otherwise than by the CEO.

        (1b)         Subject to section 79(2) and (3), a prosecution for a Tier 3 offence or an offence under a regulation is not to be instituted otherwise than by —

            (a)         the CEO; or

            (b)         an authorised person acting under a power which that person is entitled by an authority issued under section 87 to exercise.

        (1c)         The Minister is not to give a direction or instruction to the CEO in respect of the giving of a modified penalty notice or an infringement notice or the institution of a prosecution.

        [(2)         deleted]

        (3)         A prosecution for an offence under section 49A(2) or (3), 81(2), 82(2), 83 or 93 may be instituted by any of the following —

            (a)         the CEO;

            (b)         a police officer, acting with the consent of the CEO;

            (c)         the chief executive officer of a local government, acting with the consent of the CEO.

        (4)         If the CEO has delegated a power under section 65(1) to a local government or the chief executive officer or an employee of a local government, a prosecution for an offence under section 65(5) in respect of a failure to comply with a requirement contained in an environmental protection notice caused to be served under section 65(1) by that local government, chief executive officer or employee may be instituted by the CEO or the chief executive officer of the local government.

        [Section 114 amended: No. 50 of 1996 s. 12; No. 14 of 1998 s. 17; No. 54 of 2003 s. 133 and 140(2); No. 48 of 2010 s. 10; No. 40 of 2020 s. 95.]