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Environment Protection Act 2019
241Time for commencing proceedings under this Division
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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