MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 4 Special provisions about voluntary submission of transitional environmental programs

[s 353]

353        Effect of program notice
          (1)   On receipt of the program notice by the administering
                authority, the person giving the notice must not be prosecuted
                for a continuation of the original offence that happens after
                the authority receives the notice.
          (2)   Subsection (1) has effect only until whichever of the
                following happens first—
                (a)   the person receives from the administering authority an
                      approval of a transitional environmental program for the
                      activity;
                (b)   the person receives from the administering authority a
                      notice of refusal to approve a draft transitional
                      environmental program for the activity;
                (c)   if the person does not submit a draft transitional
                      environmental program for the activity to the
                      administering authority by the day stated in the notice
                      given to the person under section 352(1)—the end of the
                      stated day.
          (3)   The person may be prosecuted for a continuation of the
                original offence under the program notice that happens after
                the authority received the notice if subsection (1) ceases to
                apply to the person under—
                (a)   subsection (2)(b) if the administering authority states in
                      the notice of refusal to approve the draft program—
                      (i)    it is satisfied in the circumstances that subsection
                             (1) should not apply to the person; and
                      (ii) the reasons for the decision; and
                      (iii) the review or appeal details; or
                (b)   subsection (2)(c).
          (4)   Subsection (3) applies even if the continuation of the original
                offence happened while subsection (1) applied.



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