Protection of the Environment Operations Act 1997
216AMultiple contraventions
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216A Multiple contraventions
216A Multiple contraventions
(1) Two or more contraventions of a provision of environment protection legislation by a person that arise out of either of the following may be charged as a single offence or as separate offences—
(a) the same factual circumstances,
(b) the same activity being carried on at the same premises.
(2) This section does not authorise contraventions of 2 or more provisions of environment protection legislation to be charged as a single offence.
(3) A single penalty only may be imposed in relation to 2 or more contraventions of a provision that are charged as a single offence.
(4) If a court finds that 2 or more contraventions of environment protection legislation may not be charged as a single offence and the period during which proceedings may be commenced under section 216 has ended—
(a) the person who instituted the proceedings may apply to the court for additional time during which separate charges for the contraventions may be filed, despite the period having ended, and
(b) the court may make an order allowing the additional time for the filing of the separate charges if the court considers it just and reasonable in the circumstances.
s 216A: Ins 2024 No 20, Sch 9[53]. Am 2025 No 58, Sch 9[51] [52].