Environment Protection Regulations 2023
Sch 1Forms
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Schedule 1—Forms 1—Form of notice of execution of warrant (regulation 12) Notice of execution of warrant Environment Protection Act 1993—section 88(7) *TO: The occupier of [insert address or description of place] *TO: The person apparently in charge of [insert description of vehicle] TAKE NOTICE that— • [insert name of magistrate], a magistrate, did at [insert time] on [insert date] issue a warrant to break into or open any part of, or anything in or on—
- the place described above.
- the vehicle described above. • I [insert name of authorised officer], an authorised officer under the Environment Protection Act 1993 did execute the warrant on [insert date]. • * No property was seized.
- The following items of property were seized: [insert details] Signature of authorised officer: *Strike out whichever is inapplicable 2—Form of notice of right to elect to be prosecuted (regulation 13) Civil penalty for contravention—notice of right to elect to be prosecuted for contravention Environment Protection Act 1993—section 104A(3) File Number: Issued by: To: [insert title and full name, company name (if applicable), postal address and any other information relevant for service of the notice] Notice to alleged offender 1 The Environment Protection Authority (the Authority) is satisfied that you have committed an offence by contravening a provision of the Environment Protection Act 1993 as follows: Provision contravened: Address or location of contravention: Details of contravention: 2 The purpose of this notice is to advise you that you may, by written notice to the Authority, elect to be prosecuted for the contravention (see section 104A(3) of the Act). If you do not elect to be prosecuted, the Authority may commence civil penalty proceedings under section 104A of the Act for the purpose of obtaining an order from the Court that you pay an amount as a civil penalty in respect of the contravention. In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities. 3 If you elect to be prosecuted, rather than negotiating a civil penalty with the Authority or facing civil penalty proceedings, you must serve a written notice on the Authority within 21 days after service of this notice.