Biodiversity Conservation Act 2016

Proceedings for an offence against this Act or the regulations, or for a native vegetation offence, may be commenced not later than 2 years after the date on which the offence is alleged to have been committed.

Proceedings for an offence against this Act or the regulations, or for a native vegetation offence, 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 investigation officer.

If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of any relevant investigation officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of any relevant investigation officer is the date specified in the court attendance notice or application, unless the contrary is established.

This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

In this section—

in relation to proceedings for an offence instituted by or with the authority of the Environment Agency Head—any investigation officer who is an employee of the Department, or

in relation to proceedings for an offence instituted by any other person—any investigation officer.