Environment Protection Act 2019
254Proceeding to be stayed if criminal proceedings commenced
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254 Proceeding to be stayed if criminal proceedings commenced (1) This section applies to a proceeding for: (a) a civil order in relation to a contravention of this Act; or (b) enforcement of a civil order mentioned in paragraph (a). (2) The proceeding is stayed if a criminal proceeding is commenced or has already commenced against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention. (3) The stayed proceeding may only be resumed if the criminal proceeding does not result in a formal finding of guilt being made against the person. (4) This section does not prevent an application or order from being made under Division 1 if a criminal proceeding has commenced.