LITTER ACT 1979 - SECT 30
LITTER ACT 1979 - SECT 30
30 . Infringement notices
(1) If —
(a) an
authorised officer has reason to believe that a person has committed a
prescribed offence against this Act, the authorised officer; or
(b)
under section 27A(1) a person is to be taken to have committed a prescribed
offence against this Act, an authorised officer,
may serve on that
person a notice, in the prescribed form (in this section called an
infringement notice ) informing the person that, if he does not wish to be
prosecuted for the alleged offence in a court, he may pay to an officer
specified in the notice, within the time therein specified, the amount of the
penalty prescribed for the offence, if dealt with under this section.
(2) An infringement
notice may be served on an alleged offender personally or by posting it to him
within 30 days after the occurrence giving rise to the allegation of an
offence.
(3) A person who
receives an infringement notice may decline to be dealt with under the
provisions of this section and, where he fails to pay the prescribed penalty
within the time specified in the notice or within such further time as may, in
any particular case, be allowed, he is deemed to have declined to be dealt
with under those provisions.
(4) An infringement
notice may, whether or not the prescribed penalty has been paid, be withdrawn,
at any time within 28 days after the service of the notice, by the sending of
a notice, in the prescribed form, to the alleged offender at his last known
place of residence or business, advising the alleged offender that the
infringement notice has been withdrawn, and, in that event, the amount of any
prescribed penalty that has been paid shall be refunded.
(4a) A withdrawal
notice sent under subsection (4) shall be signed by a person appointed in
writing to withdraw infringement notices by the public authority on behalf of
which the infringement notice was served.
(4b) For the purposes
of subsection (4a) an infringement notice served by an authorised officer of a
class referred to in column 1 of the Third Schedule shall be regarded as
having been served on behalf of the public authority referred to in column 2
of that Schedule opposite the reference to that class of authorised officers.
(5) Where a prescribed
penalty has been paid pursuant to an infringement notice and the notice has
not been withdrawn as provided by subsection (4) proceedings shall not be
brought against any person with respect to the offence alleged in the notice.
(6) The payment of a
penalty pursuant to an infringement notice shall, for the purposes of this
Act, constitute a conviction of an offence, but shall not be regarded as an
admission of liability for the purpose of, nor in any way affect or prejudice,
any civil claim, action or proceeding arising out of the occurrence by reason
of which the infringement notice was given.
[Section 30 amended: No. 48 of 1981 s. 5; No. 18
of 1986 s. 7; No. 84 of 2004 s. 80; No. 30 of 2012 s. 12.]