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Environment Protection Act 2019
247Notice of proposed application to court
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247 Notice of proposed application to court
(1) The CEO must not apply to a court for a civil order under this
Division against a person in relation to a contravention of a
provision of this Act that is an offence of strict liability unless the
CEO has served on the person a notice of the CEO's intention to
make that application.
(2) The notice must:
(b) for an application for a civil penalty order – specify the
maximum amount that the person may be ordered to pay as a
civil penalty; and
(c) include a statement advising the person that the person may
elect to be prosecuted for the contravention by written notice
given to the CEO within the time specified in the notice.
(3) The time specified in the notice must not be less than 21 business
days.
Environment Protection Act 2019 220
(4) The CEO must not apply to a court for a civil order in relation to a
contravention if the person serves a written notice within the
specified time on the CEO electing to be prosecuted for the