241Time for commencing proceedings under this Division

241 Time for commencing proceedings under this Division (1) A proceeding under this Division may be commenced at any time within 90 business days after the date of the alleged act or omission that contravenes or may contravene this Act. (2) The court may, on application, extend the time specified in (3) An application under subsection (2) may be commenced before or after the end of the time specified in subsection (1). (4) In considering an application under subsection (2), the court must consider the following if the information is available: (a) when the alleged contravention occurred; (b) whether the impact of the alleged contravention ought to have been discovered by the applicant if the applicant had exercised due diligence in finding the impact and whether the applicant exercised that due diligence; (c) whether extending the time would prejudice the proposed respondent's ability to maintain a defence to the proceeding on the merits; (d) any other criteria the court considers relevant. Environment Protection Act 2019 218