MCU14/0028 Appendix 2 EnvProtAct 1994

                                               Environmental Protection Act 1994
                                                   Chapter 10 Legal proceedings
                                                       Part 3 Legal proceedings

                                                                         [s 494]

              (c)    no accredited ERMP applied to the doing of the relevant
                     act.
        (6)   A reference in this section to an act includes an omission and
              a reference to doing an act includes making an omission.




Part 3                      Legal proceedings

494      Indictable and summary offences
        (1)   An offence against this Act for which the maximum penalty
              of imprisonment is 2 years or more is an indictable offence.
      (1A) An indictable offence against this Act is—
              (a)    for an offence for which the maximum penalty of
                     imprisonment is 5 or more years—a crime; or
              (b)    otherwise—a misdemeanour.
        (2)   Any other offence against this Act is a summary offence.

495      Proceedings for indictable offences
        (1)   A proceeding for an indictable offence against this Act may
              be taken, at the election of the prosecution—
              (a)    by way of summary proceedings under the Justices Act
                     1886; or
              (b)    on indictment.
        (2)   A magistrate must not hear an indictable offence summarily
              if—
              (a)    the defendant asks at the start of the hearing that the
                     charge be prosecuted on indictment; or
              (b)    the magistrate considers that the charge should be
                     prosecuted on indictment.


Current as at 20 February 2014                                        Page 425