QLDIn ForceAct
Vegetation Management Act 1999
sec.68Summary proceedings for offences
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### sec.68 Summary proceedings for offences
A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 .
Subject to subsection (4) , a proceeding for an offence against this Act must start—
within 1 year after the commission of the offence; or
within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
Despite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start—
within 1 year after the commission of the offence; or
within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section.
Subsection (4) —
applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and
does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.
A vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.
s 68 amd 2003 No. 10 ss 73 , 76 sch
(sec.68-ssec.1) A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 .
(sec.68-ssec.2) Subject to subsection (4) , a proceeding for an offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
(sec.68-ssec.3) Despite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
(sec.68-ssec.4) If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section.
(sec.68-ssec.5) Subsection (4) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.
(sec.68-ssec.6) A vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.
- (a) within 1 year after the commission of the offence; or
- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
- (a) within 1 year after the commission of the offence; or
- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
- (a) applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and
- (b) does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.