sec.353Effect of program notice

### sec.353 Effect of program notice On receipt of the program notice by the administering authority, the person giving the notice must not be prosecuted for a continuation of the original offence that happens after the authority receives the notice. Subsection (1) has effect only until whichever of the following happens first— the person receives from the administering authority a transitional environmental program for the activity; the person receives from the administering authority a notice of refusal to approve an application for the issue of a transitional environmental program for the activity; if the person does not make an application for the issue of a transitional environmental program for the activity to the administering authority by the day stated in the notice given to the person under section 352 (1) —the end of the stated day. The person may be prosecuted for a continuation of the original offence under the program notice that happens after the authority received the notice if subsection (1) ceases to apply to the person under— subsection (2) (b) if the administering authority states in the notice of refusal to approve the application— it is satisfied in the circumstances that subsection (1) should not apply to the person; and the reasons for the decision; and the review or appeal details; or subsection (2) (c) . Subsection (3) applies even if the continuation of the original offence happened while subsection (1) applied. s 353 amd 2000 No. 64 s 3 (2) sch ; 2007 No. 56 s 6 sch ; 2023 No. 6 s 79 (sec.353-ssec.1) On receipt of the program notice by the administering authority, the person giving the notice must not be prosecuted for a continuation of the original offence that happens after the authority receives the notice. (sec.353-ssec.2) Subsection (1) has effect only until whichever of the following happens first— the person receives from the administering authority a transitional environmental program for the activity; the person receives from the administering authority a notice of refusal to approve an application for the issue of a transitional environmental program for the activity; if the person does not make an application for the issue of a transitional environmental program for the activity to the administering authority by the day stated in the notice given to the person under section 352 (1) —the end of the stated day. (sec.353-ssec.3) The person may be prosecuted for a continuation of the original offence under the program notice that happens after the authority received the notice if subsection (1) ceases to apply to the person under— subsection (2) (b) if the administering authority states in the notice of refusal to approve the application— it is satisfied in the circumstances that subsection (1) should not apply to the person; and the reasons for the decision; and the review or appeal details; or subsection (2) (c) . (sec.353-ssec.4) Subsection (3) applies even if the continuation of the original offence happened while subsection (1) applied. - (a) the person receives from the administering authority a transitional environmental program for the activity; - (b) the person receives from the administering authority a notice of refusal to approve an application for the issue of a transitional environmental program for the activity; - (c) if the person does not make an application for the issue of a transitional environmental program for the activity to the administering authority by the day stated in the notice given to the person under section 352 (1) —the end of the stated day. - (a) subsection (2) (b) if the administering authority states in the notice of refusal to approve the application— (i) it is satisfied in the circumstances that subsection (1) should not apply to the person; and (ii) the reasons for the decision; and (iii) the review or appeal details; or - (i) it is satisfied in the circumstances that subsection (1) should not apply to the person; and - (ii) the reasons for the decision; and - (iii) the review or appeal details; or - (b) subsection (2) (c) . - (i) it is satisfied in the circumstances that subsection (1) should not apply to the person; and - (ii) the reasons for the decision; and - (iii) the review or appeal details; or