ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99A

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99A

99A .         Modified penalty notice, issue of

        (1)         This section applies to a person if the CEO is of the opinion that —

            (a)         the person has committed a prescribed offence; and

            (b)         there is sufficient evidence to support the allegation of the offence; and

            (c)         having regard to the nature and particulars of the alleged offence and to the particulars of the circumstances relating to the alleged offence, the alleged offence can adequately be dealt with under this Division.

        (1A)         For the purposes of subsection (1)(c), the CEO must have regard to —

            (a)         the potential or actual effect on the environment of any occurrence giving rise to the allegation of the offence; and

            (b)         in the case of a prescribed offence other than an offence under section 49A(2) or (3), whether, as soon as was reasonably practicable after the occurrence giving rise to the allegation of the offence, the alleged offender notified particulars of the occurrence in writing to the CEO; and

            (c)         in the case of a prescribed offence other than an offence under section 49A(2) or (3), whether, after the occurrence giving rise to the allegation of the offence, the alleged offender took all reasonable and practicable steps to minimise and remedy any adverse environmental effects of that occurrence; and

            (d)         whether the alleged offender cooperated with officers and employees of the Department and provided information and assistance when so requested; and

            (e)         whether the alleged offender has taken reasonable steps to ensure that the circumstances giving rise to the allegation of the offence do not reoccur.

        (2)         If the CEO makes a determination that a person alleged to have committed a prescribed offence is a person to whom this section applies, the CEO is to —

            (a)         issue a certificate —

                  (i)         stating the determination; and

                  (ii)         specifying how the criteria in subsection (1) on which the determination was made were met;

                and

            (b)         give a modified penalty notice, and the certificate referred to in paragraph (a), to the person.

        (3)         A modified penalty notice may be served personally or by registered post.

        (4)         A determination by the CEO that a person is, or is not, a person to whom this section applies, or the fact that the CEO has not made such a determination, cannot be the subject of appeal or judicial review or otherwise be called in question in any proceedings.

        [Section 99A inserted: No. 14 of 1998 s. 14; amended: No. 54 of 2003 s. 129 and 140(2); No. 48 of 2010 s. 9; No. 40 of 2020 s. 79.]