Environmental Protection Act 1994

A proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886, other than a relevant summary proceeding, must start—

within 2 years after the commission of the offence; or

if an enforceable undertaking has been made in relation to the offence—within 2 years after—

the enforceable undertaking is contravened; or

the administering authority has agreed under section 509 to the withdrawal of the enforceable undertaking.

A relevant summary proceeding must start—

within 3 years after the commission of the offence; or

if an enforceable undertaking has been made in relation to the offence—within 2 years after—

the enforceable undertaking is contravened; or

the administering authority has agreed under section 509 to the withdrawal of the enforceable undertaking.

In this section—relevant summary proceeding means a proceeding by way of summary proceeding under the Justices Act 1886 for—

an indictable offence against this Act; or

an offence against any of the following provisions of this Act—

section 319(2) if paragraph (b) of the penalty applies;

section 319C(3) if paragraph (b) of the penalty applies;

section 357I if paragraph (b) of the penalty applies;

section 369A(1) if paragraph (b) of the penalty applies;

section 369A(2);

section 426(1);

section 430(3);

section 431(2) if the penalty under section 430(3) applies;

section 437(2);

section 438(2);

section 440(1) or (2);

section 443A.