QLDIn ForceAct
Soil Conservation Act 1986
sec.39Proceedings for offences
Start here
Get a plain-English read of sec.39
Turn the raw legal text into a practical explanation grounded in Soil Conservation Act 1986.
### sec.39 Proceedings for offences
A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon complaint of a person authorised in writing in that behalf by the chief executive, made within 1 year from the time when the matter of complaint arose or within 6 months after the offence comes to the knowledge of the complainant, whichever period is later to expire.
In any proceedings it shall not be necessary to prove the authority of a complainant to lay a complaint in respect of an offence against this Act in the absence of evidence that challenges that authority.
The institution of proceedings for a penalty or the conviction of a person in respect of an offence against this Act shall not affect a remedy that a person may have by way of civil action.
s 39 amd 1994 No. 15 s 3 sch 1
(sec.39-ssec.1) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon complaint of a person authorised in writing in that behalf by the chief executive, made within 1 year from the time when the matter of complaint arose or within 6 months after the offence comes to the knowledge of the complainant, whichever period is later to expire.
(sec.39-ssec.2) In any proceedings it shall not be necessary to prove the authority of a complainant to lay a complaint in respect of an offence against this Act in the absence of evidence that challenges that authority.
(sec.39-ssec.3) The institution of proceedings for a penalty or the conviction of a person in respect of an offence against this Act shall not affect a remedy that a person may have by way of civil action.