58Offences under former Act not affected

58 Offences under former Act not affected

58 Offences under former Act not affected

(1) The repeal of a former Act does not affect any offence against the former Act (or the regulations under the former Act) that was committed before that repeal.

(2) The provisions of the former Act (or the regulations under the former Act) relating to the following continue to apply—

(a) proceedings for any such offence (and evidentiary certificates or provisions relating to those proceedings),

(b) the issue of penalty notices for any such offence,

(c) the making of an order by a court in relation to any such offence.

(d) (Repealed)

(2A) Without limiting subclause (2) (a), proceedings for an offence against the Native Vegetation Act 2003 may be taken by the Environment Protection Authority or by the Environment Agency Head.

(3) This clause extends to offences committed after the repeal of a former Act in relation to a provision of the former Act (or of the regulations under the former Act) that is continued in force by this Regulation.

cl 58: Am 2018 No 40, Sch 3.3 [2]; 2018 (423), Sch 1 [2].