52Treatment of offences

52 Treatment of offences

(1)  [Section 52 Subsection (1) amended by No. 56 of 2000, s. 27, Applied:14 Jul 2000] An offence against section 50 , 51 or 51A is an indictable offence.

(2)  Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

(3)  If in proceedings for an offence against this Part of causing serious environmental harm the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part of causing material environmental harm or of causing an environmental nuisance, the court may find the defendant guilty of either of the latter offences.

(4)  If in proceedings for an offence against this Part of causing material environmental harm the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part of causing an environmental nuisance, the court may find the defendant guilty of the latter offence.

(5)  [Section 52 Subsection (5) inserted by No. 56 of 2000, s. 27, Applied:14 Jul 2000] If in proceedings for an offence against section 51A(1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 51A(2) or 53 , the court may find the defendant guilty of either of the latter offences.

(6)  [Section 52 Subsection (6) inserted by No. 56 of 2000, s. 27, Applied:14 Jul 2000] If in proceedings for an offence against section 51A(2) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 53 , the court may find the defendant guilty of the latter offence.