ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 41
ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 41
41 . Infringement notice offences and modified penalties prescribed (Act s. 99H and 99K)
(1) The offences
described in the first column of Schedule 6 are prescribed for the
purpose of the definition of infringement notice offence in section 99H
of the Act and —
(a) the
amount appearing in the second column of that Schedule, directly opposite an
offence, is the modified penalty prescribed in respect of that offence if the
alleged offender has not previously been convicted of an offence of that kind
and has not previously paid a modified penalty under Division 2 of Part
VIA of the Act in respect of an alleged offence of that kind; and
(b) the
amount appearing in the third column of that Schedule, directly opposite an
offence, is the modified penalty prescribed in respect of that offence if the
alleged offender has previously been convicted of an offence of that kind, or
has previously paid a modified penalty under Division 2 of Part VIA
of the Act in respect of an alleged offence of that kind.
(2) For the purposes
of subregulation (1), a prior conviction or payment of a modified penalty
in respect of an alleged offence against the regulations is not to be taken
into account for the purposes of determining whether the alleged offender has
previously been convicted of an offence or has previously paid a modified
penalty notice unless —
(a) the
prior conviction was recorded within the period of 5 years immediately
prior to the giving of an infringement notice in respect of the present
alleged offence; or
(b) the
modified penalty was paid in respect of the prior alleged offence within the
period of 5 years immediately prior to the giving of an infringement
notice in respect of the present alleged offence.
[Regulation 41 inserted: Gazette
11 Dec 1998 p. 6603‑4.]