Water NSW Act 2014
100Time within which proceedings may be commenced
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100 Time within which proceedings may be commenced
100 Time within which proceedings may be commenced
(1) Proceedings for an offence against this Act or the regulations may be commenced within but not later than 2 years after the date on which the offence is alleged to have been committed.
(2) Proceedings for an offence against this Act or the regulations may also be commenced within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer.
(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence—
(a) the court attendance notice must contain particulars of the date on which evidence of the offence first came to the attention of any relevant authorised officer and need not contain particulars of the date on which the offence was committed, and
(b) the date on which evidence first came to the attention of any relevant authorised officer is the date specified in the court attendance notice, unless the contrary is established.
(4) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
(5) In this section—
court attendance notice means—
(a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and
(b) in relation to proceedings for an offence commenced in the Land and Environment Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.
evidence of an offence means evidence of any act or omission constituting the offence.