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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99B

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99B

99B .         Content of modified penalty notice

        (1)         A modified penalty notice is to be in the prescribed form and is to —

            (a)         contain a description of the alleged offence; and

            (b)         advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to a designated person within a period of 28 days after the service of the notice; and

            (c)         inform the alleged offender as to who are designated persons for the purposes of receiving payment of modified penalties.

        (2)         In a modified penalty notice the amount specified as the modified penalty for the alleged offence referred to in the notice is to be the amount that was —

            (a)         if the alleged offender has not previously been convicted of an offence of that kind and has not previously paid a modified penalty under this Division in respect of an alleged offence of that kind, 10% of the maximum fine that could be imposed for that offence by a court; and

            (b)         if the alleged offender has previously been convicted of an offence of that kind, or has previously paid a modified penalty under this Division in respect of an alleged offence of that kind, 20% of the maximum fine that could be imposed for that offence by a court,

                at the time the alleged offence is believed to have been committed.

        (3)         The CEO may, in writing, appoint persons or classes of persons to be designated persons for the purposes of this section.

        [Section 99B inserted: No. 14 of 1998 s. 14; amended: No. 54 of 2003 s. 140(2); No. 84 of 2004 s. 80.]