Environmental Protection Act 1994

If a person intends to rely on a defence under chapter 8 or section 493A(3), the person must give written notice of the intention to the prosecutor—

for a charge being prosecuted by way of summary proceeding under the Justices Act 1886—at least 10 business days before the charge is heard; or

for a charge being prosecuted on indictment—at least 5 business days before the charge is set down for hearing.

If the person has not given the written notice under subsection (1), the court may, on the application of the prosecution, make either or both of the following orders—

an order to adjourn the hearing;

an order that the person pay the prosecution the costs incurred by the prosecution because of the application for the adjournment.