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Biodiversity Conservation (Savings and Transitional) Regulation 2017
58Offences under former Act not affected
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#### 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.
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> > (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 (d) (Repealed)
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> > (2A) Without limiting subclause (2) (a), proceedings for an offence against the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) may be taken by the Environment Protection Authority or by the Environment Agency Head.
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> > (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.
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> **cl 58:** Am 2018 No 40, Sch 3.3 \[2\]; 2018 (423), Sch 1 \[2\].