MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                          [s 498]

              (a)    within 1 year after the commission of the offence; or
              (b)    within 1 year after the offence comes to the
                     complainant’s knowledge, but within 2 years after the
                     commission of the offence.

498      Notice of defence
        (1)   If a person intends to rely on a defence under chapter 8, the
              person must give written notice of the intention to the
              prosecutor—
              (a)    for a charge being prosecuted by way of summary
                     proceeding under the Justices Act 1886—at least 10
                     business days before the charge is heard; or
              (b)    for a charge being prosecuted on indictment—at least 5
                     business days before the charge is set down for hearing.
        (2)   If the person has not given the written notice under subsection
              (1), the court may, on the application of the prosecution, make
              either or both of the following orders—
              (a)    an order to adjourn the hearing;
              (b)    an order that the person pay the prosecution the costs
                     incurred by the prosecution because of the application
                     for the adjournment.

499      Proof of authority
              If a provision for an offence against this Act refers to a person
              unlawfully doing an act or making an omission, the Justices
              Act 1886, section 76, applies as if the doing of the act or the
              making of the omission with an environmental authority were
              an exemption contained in the provision.

500      Fines payable to local government
        (1)   This section applies if—



Current as at 20 February 2014                                         Page 427