Chapter 8 Criminal and other proceedings
(1) Proceedings under this Act
This Chapter applies to proceedings in connection with this Act.(2) Extension to other environment protection legislation
This Chapter extends to proceedings in connection with the following legislation:(a) Waste Avoidance and Resource Recovery Act 2001 and the regulations under that Act,(b) Ozone Protection Act 1989 and the regulations under that Act,(c) Environmentally Hazardous Chemicals Act 1985 and the regulations under that Act.Accordingly, a reference in this Chapter to this Act or the regulations includes a reference to each of those Acts or regulations.
(3) Limitation
Sections 217 (2) and 218 do not extend to proceedings under the Environmentally Hazardous Chemicals Act 1985 or the regulations under that Act.
Part 8.2 Proceedings for offences
Division 1 Proceedings for offences generally
214 Proceedings for tier 1 offences
(1) Proceedings for an offence arising under Part 5.2 may be dealt with:(a) summarily before the Land and Environment Court in its summary jurisdiction, or(b) on indictment before the Supreme Court.(2) If any such proceedings are brought in the Land and Environment Court, the maximum period of imprisonment that the Court may impose for the offence is 2 years, despite any other provision of this Act.
215 Proceedings for other offences
(1) Proceedings for an offence arising under this Act or the regulations (other than under Part 5.2) may be dealt with:(a) summarily before a Local Court, or(b) summarily before the Land and Environment Court in its summary jurisdiction.(2) If any such proceedings are brought in a Local Court, the maximum monetary penalty that the Court may impose for the offence is 200 penalty units, despite any other provision of this Act.
216 Time within which summary proceedings may be commenced
(1) Proceedings for an offence under this Act or the regulations may be commenced:(a) in the case of a prescribed offence—within but not later than 3 years after the date on which the offence is alleged to have been committed, or(b) in any other case—within but not later than 12 months after that date.(2) Proceedings for an offence under this Act or the regulations may also be commenced:(a) in the case of a prescribed offence—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or(b) in any other case—within but not later than 12 months after that date.(3) 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 authorised 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 authorised officer is the date specified in the court attendance notice or application, unless the contrary is established.(4) This section applies only to proceedings that are to be dealt with summarily.(5) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.(6) In this section:authorised officer means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.
evidence of an offence means evidence of any act or omission constituting the offence.
prescribed offence means:
(a) an offence arising under Part 5.2, or(b) an offence arising under Part 3.2, or(c) an offence arising under section 143 (Unlawful transporting of waste) or 144 (Permitting land to be used unlawfully as waste facility), or(c1) an offence under section 142A (Pollution of land) or 144AA (False or misleading information about waste), or(c2) an offence arising under the Environmentally Hazardous Chemicals Act 1985 to which this Chapter extends by virtue of section 213, or(d) an offence against this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.relevant authorised officer means:
(a) in relation to proceedings for an offence instituted by or with the consent of the EPA or a member of the staff of the EPA—any authorised officer who is a member of the staff of the EPA, or(b) in relation to proceedings for an offence instituted by or with the consent of a local authority or an officer or employee of such an authority—any authorised officer who is an officer or employee of that authority, or(c) in relation to proceedings for an offence instituted by any other person—any authorised officer.
Division 2 Who may institute proceedings for offences
217 EPA or other appropriate regulatory authority may institute proceedings
(1) EPA
Proceedings for an offence against this Act or the regulations may be instituted by the EPA.(2) Other appropriate regulatory authority
Any such proceedings may also be instituted by the appropriate regulatory authority, if it is not the EPA, in connection with a matter for which it is the appropriate regulatory authority.
218 Other authorities who may also institute proceedings
(1) Local authority—offences other than excluded offences
A local authority may institute proceedings for any offence against this Act or the regulations (other than an excluded offence).(2) Water Supply Authority
A Water Supply Authority (within the meaning of the Water Management Act 2000) may institute proceedings for a water pollution offence (other than an excluded offence).(3) Marine authority
The marine authority may institute proceedings for a noise pollution offence referred to in subsection (6) (d) or (e).(4) Police officers
Police officers may institute proceedings for:(a) a noise pollution offence, or(b) a littering offence, or(c) an offence against the regulations relating to the operation of a motor vehicle (being an offence prescribed for the purposes of this subsection).(5) Applicant for noise abatement order
A person who was the applicant for a noise abatement order may institute proceedings for an offence against section 269 of contravening the order.(6) Excluded offences
For the purposes of this section, an offence is an excluded offence if it is an offence (other than a littering offence) committed in relation to:(a) scheduled activities, or(b) activities or work authorised or controlled by an environment protection licence, or(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise, or(d) in the case of a noise pollution offence—a vessel in navigable waters, or(e) in the case of a noise pollution offence—premises used in connection with vessels and situated adjacent to, or partly or wholly over, navigable waters,or it is any other offence prescribed by the regulations as an excluded offence.(7) Other definitions
In this section:littering offence means an offence arising under Part 5.6A.
noise pollution offence means an offence arising under Part 5.5, 8.6 or any other provision prescribed for the purposes of this definition.
water pollution offence means an offence arising under Part 5.3 or any other provision prescribed for the purposes of this definition.
218A Agents may institute proceedings
Proceedings that may be instituted under section 217 or 218 may also be instituted on behalf of an appropriate regulatory authority or any other authority or person specified in those sections by an agent of the authority or person appointed for that purpose.
219 Other persons may institute proceedings with leave of Land and Environment Court
(1) Any person may institute proceedings in the Land and Environment Court for an offence against this Act or the regulations if the Court grants the person leave to bring the proceedings.(1A) An appropriate regulatory authority (other than the EPA) and any person or authority referred to in section 218 may institute proceedings in the Land and Environment Court for an offence against this Act or the regulations, if the Court grants the authority leave to bring the proceedings.(1B) Nothing in section 217 or 218 limits the operation of this section.(2) The Land and Environment Court is not to grant leave unless satisfied that:(a) the EPA has decided not to take any relevant action (as defined in subsection (3)) in respect of the act or omission constituting the alleged offence or has not made a decision on whether to take such action within 90 days after the person or authority requested the EPA to institute the proceedings, and(b) the EPA has been notified of the proceedings, and(c) the proceedings are not an abuse of the process of the Court, and(d) the particulars of the offence disclose, without any hearing of the evidence, a prima facie case of the commission of the offence.(3) Relevant action for the purposes of subsection (2) is not limited to the institution of criminal proceedings, but includes action under this Act to require the defendant to prevent, control, abate or mitigate any harm to the environment caused by the alleged offence or to prevent the continuance or recurrence of the alleged offence.
220 Officers and employees of authorities
(1) If an authority is authorised by this Division to institute proceedings for an offence, the proceedings may also be instituted by an officer or employee of the authority with the written consent of:(a) the authority, or(b) such member, officer or employee of the authority as may be authorised by the authority for the purposes of this Division.(2) In this section:employee of an authority includes a person whose services are used by the authority and who is, in respect of those services, subject to the direction and control of the authority.
221 Penalty notices and related proceedings
(1) This Division does not affect the power to issue a penalty notice under Division 3 or the taking of enforcement proceedings in relation to the penalty notice or in relation to the offence to which the penalty notice relates.(2) Enforcement proceedings include proceedings under Part 3 or 4 of the Fines Act 1996, including, in particular, proceedings taken under section 37 of that Act in respect of the offence to which the penalty notice relates, where the person concerned elects to have the matter dealt with by a court.(3) Proceedings referred to in subsection (2) in respect of the offence to which the penalty notice relates may be instituted:(a) by a person who is an enforcement officer within the meaning of section 226 in relation to the class of offence concerned, or(b) if such an enforcement officer is an officer or employee of a public authority—by the public authority, or by an officer or employee of the public authority under section 220.(4) In this section:employee of an authority includes a person whose services are used by the authority and who is, in respect of those services, subject to the direction and control of the authority.
Division 3 Penalty notices (tier 3 offences)
For the purposes of this Division, a penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations for the purposes of this Division, other than an offence arising under Part 5.2 (Tier 1 offences).
A penalty notice is a notice to the effect that, if the person served with the notice does not wish to have a specified penalty notice offence dealt with by a court, the person may pay the penalty prescribed under section 227 for the offence:(a) within the time specified in the notice (being 28 days from the date on which the notice was served), and(b) to the person specified in the notice.
224 Service of penalty notices
(1) An enforcement officer may serve a penalty notice on a person if it appears to the enforcement officer that the person has committed a penalty notice offence.(2) A penalty notice may be served personally or by post.(3) The regulations may authorise a penalty notice also to be served by leaving the notice on a vehicle or at other premises in respect of which the offence was committed.
225 Consequences of paying penalty in accordance with penalty notice
(1) If the penalty prescribed for an alleged offence is paid in accordance with this Division, no person is liable to any further proceedings for the alleged offence.(2) Payment in accordance with this Division is not to be regarded as an admission of liability for the purposes of, nor is it in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(1) In this Division, a reference to an enforcement officer, in relation to an offence, is a reference to a person belonging to a class of officers or employees prescribed by the regulations in relation to the offence.(2) A person who is an officer or employee of a public authority cannot be an enforcement officer in relation to an offence alleged to have been committed by the authority.(3) Only an officer or employee of the EPA can be an enforcement officer in relation to:(a) an offence (other than a littering offence) alleged to have been committed in relation to activities or work authorised or controlled by an environment protection licence, or(b) an offence (other than a littering offence) alleged to have been committed in relation to activities carried on by the State or a public authority.(4) In this section, littering offence means an offence arising under Part 5.6A.
(1) The regulations may prescribe the penalty payable under a penalty notice in respect of a penalty notice offence.(2) Any such penalty may not exceed the maximum penalty that may be imposed by a court on a conviction for the offence.(3) The regulations may prescribe different penalties for the same penalty notice offence.
228 Withdrawal of penalty notice
(1) An enforcement officer belonging to the same class of officers as the enforcement officer by whom a penalty notice has been served:(a) may withdraw the notice within 28 days after the date on which the notice was served, and(b) must withdraw the notice immediately if directed to do so by the EPA.(2) The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with this section:(a) The amount that was payable under the notice ceases to be payable.(b) Any amount that has been paid under the notice is repayable to the person by whom it was paid.(c) Further proceedings in respect of the alleged offence may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.
229 Effect on other provisions
This Division does not limit the operation of this or any other Act in relation to proceedings that may be taken in relation to offences.
(1) This Division applies where:(a) proceedings have been commenced against a person for an offence against this Act or the regulations and, as a result of those proceedings, the person may be required to pay an amount referred to in section 246, or(b) proceedings have been commenced against a person under section 247.(2) In this Division:the defendant means the person referred to in subsection (1) (a) or (b).
231 Nature of restraining order
A restraining order is an order of a court directing that any property of the defendant is not to be disposed of, or otherwise dealt with, by the defendant or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.
232 Application for restraining order
(1) The person bringing the proceedings (as referred to in section 230) may apply for a restraining order in relation to property of the defendant.(2) An application under this section may be made:(a) in the case of proceedings taken before a Local Court—to the Land and Environment Court, and(b) in the case of other proceedings—to the court before which the proceedings are brought.(3) On an application under this section:(a) the court may, if it thinks fit, require the person making the application to give notice of the application to a person who the court has reason to believe has an interest in the property or part of the property, and(b) a person to whom the court requires notice to be given under paragraph (a) is entitled to appear and to adduce evidence at the hearing of the application.
233 Making of restraining order
On an application under section 232, the court may make a restraining order in relation to the defendant’s property, if it is satisfied (on the information contained in or accompanying the application) that:(a) the defendant has committed the relevant offence, and(b) amounts are or are likely to be payable under section 246 or 247, and(c) it is appropriate to make an order under this section in the circumstances of the case.
The court may refuse to make a restraining order if the person making the application refuses or fails to give to the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making or operation of the order.
(1) A court that makes a restraining order may make any ancillary orders that the court considers appropriate.(2) Without limiting the generality of subsection (1), ancillary orders may include any one or more of the following:(a) an order for the examination on oath of:(i) the defendant, or(ii) another person,before the court, or an officer of the court prescribed by rules of court, concerning the affairs of the defendant, including the nature and location of any property of the defendant,(b) an order varying the restraining order in respect of the property to which it relates,(c) an order varying any conditions to which the restraining order was subject.(3) An ancillary order may be made on application:(a) by the applicant for the restraining order, or(b) by the defendant, or(c) with the leave of the court, by any other person.(4) Ancillary orders may be made when or at any time after the restraining order is made. An ancillary order referred to in subsection (2) (a) may be made in advance of the restraining order.
236 Charge on property subject to restraining orders
(1) Creation of charge
If:(a) a court has made a restraining order in respect of particular property or all of the property of the defendant, and(b) the court orders the payment of an amount referred to in section 246 or 247,there is created by force of this section, on the making of the order referred to in paragraph (b), a charge on all the property to which the restraining order applies to secure the payment to a public authority or person of the amount referred to in section 246 or 247.(2) When charge ceases to have effect
Such a charge ceases to have effect in respect of the property:(a) on payment by the defendant to the public authority or person of the amount concerned, or(b) on the sale or other disposition of the property with the consent of the court, or(c) on the sale of the property to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,whichever first occurs.(3) Charge is subject to existing charges and encumbrances
Such a charge is subject to every charge or encumbrance to which the property was subject immediately before the order referred to in subsection (1) (b) was made and, in the case of land under the provisions of the Real Property Act 1900, is subject to every mortgage, lease or other interest recorded in the Register kept under that Act.(4) Charge not affected by change of ownership
Such a charge is not affected by any change of ownership of the property, except as provided by subsection (2).(5) Registration of charge is notice
If:(a) such a charge is created on property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, and(b) the charge is so registered,a person who purchases or otherwise acquires the property after the registration of the charge is, for the purposes of subsection (2), taken to have notice of the charge.(6) Charge on RP land not effective until registered
If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
237 Registration of restraining orders
(1) If a restraining order applies to property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, the authority responsible for administering the provisions is required, on application by any person, to record the particulars of the order in the register kept under those provisions.(2) If the particulars of a restraining order are so recorded, a person who afterwards deals with the property is, for the purposes of section 236 (2), taken to have notice of the charge created by this Act on the making of the order.(3) If a restraining order applies to land under the provisions of the Real Property Act 1900, a caveat may be lodged under that Act in relation to the order.
237A Recovery of costs of registering charge on land
(1) A person (including a public authority) who registers a charge on land to which a restraining order applies under section 236 may, by notice in writing, require the defendant to pay all or any of the reasonable costs and expenses incurred by the person in respect of the lodgment and registration of the charge (including the costs of discharging the charge).(2) The person may recover from the defendant any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
237B Recovery of costs of lodging caveat
(1) A person (including a public authority) who lodges a caveat in respect of land to which a restraining order applies under section 237 may, by notice in writing, require the defendant to pay all or any of the reasonable costs and expenses incurred by the person in respect of the lodgment and registration of the caveat (including the costs of withdrawal of the caveat).(2) The person may recover from the defendant any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
238 Contravention of restraining orders
(1) Offence
A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the order is guilty of an offence.Maximum penalty: A fine equivalent to the value of the property (as determined by the court) or imprisonment for 2 years, or both.
(2) Application for order setting aside disposition of or dealing with property
If:(a) a restraining order is made against property, and(b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order, and(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,the person who applied for the restraining order may apply to the court that made the restraining order for an order that the disposition or dealing with the property be set aside.(3) Order setting aside disposition or dealing
If an application is made under subsection (2), the court may make an order:(a) setting aside the disposition or dealing as from the day on which the disposition or dealing took place or as from the day of the order under this subsection, and(b) (if appropriate) declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.
239 Court may revoke restraining order
(1) The court that made a restraining order may revoke the order, on application made to it by the person in relation to whose property it was made.(2) The court may refuse to revoke the order if the person does not:(a) give security satisfactory to the court for the payment of any amount referred to in section 246 or 247 that may be imposed on or ordered to be paid by the person under this Act in respect of the person’s conviction for the offence, or(b) give undertakings satisfactory to the court concerning the person’s property.(3) Subsection (2) does not limit the discretion of the court to revoke or refuse to revoke a restraining order.
240 Time when restraining order ceases to be in force
If, after a restraining order was made in reliance on the charging of a person with an offence against this Act or the regulations:(a) the charge is withdrawn and the person is not charged with a related offence by the time of the withdrawal—the restraining order ceases to be in force when the charge is withdrawn, or(b) the person is acquitted of the charge and the person is not charged with a related offence by the time of the acquittal—the restraining order ceases to be in force when the acquittal occurs.
241 Matters to be considered in imposing penalty
(1) In imposing a penalty for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant):(a) the extent of the harm caused or likely to be caused to the environment by the commission of the offence,(b) the practical measures that may be taken to prevent, control, abate or mitigate that harm,(c) the extent to which the person who committed the offence could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence,(d) the extent to which the person who committed the offence had control over the causes that gave rise to the offence,(e) whether, in committing the offence, the person was complying with orders from an employer or supervising employee.(2) The court may take into consideration other matters that it considers relevant.
Division 6 Continuing offences
(1) A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and(b) is guilty of a continuing offence for each day the contravention continues.(2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.(3) This section does not apply to the extent that a requirement of a notice is revoked.
Part 8.3 Court orders in connection with offences
(1) Application to proved offences
This Part applies where a court finds an offence against this Act or regulations proved.(2) Meaning of proved offences
Without limiting the generality of subsection (1), a court finds an offence proved if:(a) the court convicts the offender of the offence, or(b) the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).(3) Definitions
In this Part:the court means the court that finds the offence proved.
the offender means the person who is found to have committed the offence.
(1) Orders may be made
One or more orders may be made under this Part against the offender.(2) Orders are additional
Orders may be made under this Part in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.(3) Other action not required
Orders may be made under this Part regardless of whether any penalty is imposed, or other action taken, in relation to the offence.
245 Orders for restoration and prevention
The court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow):(a) to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence, or(b) to make good any resulting environmental damage, or(c) to prevent the continuance or recurrence of the offence.
246 Orders for costs, expenses and compensation at time offence proved
(1) The court may, if it appears to the court that:(a) a public authority has incurred costs and expenses in connection with:(i) the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or(ii) making good any resulting environmental damage, or(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,order the offender to pay to the public authority or person the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.(2) An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.(3) A Local Court may not make an order under subsection (1) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Local Courts (Civil Claims) Act 1970. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.
247 Recovery of costs, expenses and compensation after offence proved
(1) If, after the court finds the offence proved:(a) a public authority has incurred costs and expenses in connection with:(i) the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or(ii) making good any resulting environmental damage, or(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,the person or public authority may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.(2) The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.
248 Orders regarding costs and expenses of investigation
(1) The court may, if it appears to the court that a regulatory authority has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the regulatory authority the costs and expenses so incurred in such amount as is fixed by the order.(2) An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979. An order made by a Local Court under subsection (1) is enforceable as if it were an order made by the court when exercising jurisdiction under the Local Courts (Civil Claims) Act 1970.(3) In this section:costs and expenses, in relation to the investigation of an offence, means the costs and expenses:
(a) in taking any sample or conducting any inspection, test, measurement or analysis, or(b) of transporting, storing or disposing of evidence,during the investigation of the offence.
249 Orders regarding monetary benefits
(1) The court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.(2) The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.(3) In this section:monetary benefits means monetary, financial or economic benefits.
the court does not include a Local Court.
(1) Orders
The court may do any one or more of the following:(a) order the offender to take specified action to publicise the offence (including the circumstances of the offence) and its environmental and other consequences and any other orders made against the person,(b) order the offender to take specified action to notify specified persons or classes of persons of the offence (including the circumstances of the offence) and its environmental and other consequences and of any orders made against the person (including, for example, the publication in an annual report or any other notice to shareholders of a company or the notification of persons aggrieved or affected by the offender’s conduct),(c) order the offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit,(d) order the offender to carry out a specified environmental audit of activities carried on by the offender,(e) order the offender to pay a specified amount to the Environmental Trust established under the Environmental Trust Act 1998, or a specified environmental organisation, for the purposes of a specified project for the restoration or enhancement of the environment or for general environmental purposes,(f) order the offender to attend, or to cause an employee or employees or a contractor or contractors of the offender to attend, a training or other course specified by the court,(g) order the offender to establish, for employees or contractors of the offender, a training course of a kind specified by the court,(h) if the EPA is a party to the proceedings, order the offender to provide a financial assurance, of a form and amount specified by the court, to the EPA, if the court orders the offender to carry out a specified work or program for the restoration or enhancement of the environment.A Local Court is not authorised to make an order referred to in paragraph (c), (d), (e) or (h).
(2) Machinery
The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.(3) Failure to publicise or notify
If the offender fails to comply with an order under subsection (1) (a) or (b), the prosecutor or a person authorised by the prosecutor may take action to carry out the order as far as may be practicable, including action to publicise or notify:(a) the original contravention, its environmental and other consequences, and any other penalties imposed on the offender, and(b) the failure to comply with the order.(4) Cost of publicising or notifying
The reasonable cost of taking action referred to in subsection (3) is recoverable by the prosecutor or person taking the action, in a court of competent jurisdiction, as a debt from the offender.(5) Financial assurances
Sections 302–307 apply to a financial assurance provided by an offender under an order made under this section in the same way as they apply to a financial assurance given by a holder of a licence under a condition of a licence under Part 9.4.
A person who fails to comply with an order under this Part (except an order under section 246, 247 or 248) is guilty of an offence.Maximum penalty:
• in the case of a corporation—$120,000 for each day the offence continues, or• in the case of an individual—$60,000 for each day the offence continues.
Part 8.4 Civil proceedings to remedy or restrain breaches of Act or harm to environment or enforce undertakings
252 Remedy or restraint of breaches of this Act or regulations
(1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations.(2) Any such proceedings may be brought whether or not proceedings have been instituted for an offence against this Act or the regulations.(3) Any such proceedings may be brought whether or not any right of the person has been or may be infringed by or as a consequence of the breach.(4) Any such proceedings may be brought by a person on the person’s own behalf or on behalf of another person (with their consent), or of a body corporate or unincorporate (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings.(5) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.(6) If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.(7) Without limiting the powers of the Court under this section, an order under this section may suspend any environment protection licence.(8) In this section:breach includes a threatened or apprehended breach.
253 Restraint of breaches of an Act or statutory rules that harm the environment
(1) Any person may bring proceedings in the Land and Environment Court for an order to restrain a breach (or a threatened or apprehended breach) of any other Act, or any statutory rule under any other Act, if the breach (or the threatened or apprehended breach) is causing or is likely to cause harm to the environment.Note. Statutory rule is defined in section 21 of the Interpretation Act 1987.(2) Any such proceedings may be brought whether or not any right of that person has been or may be infringed by or as a consequence of the breach (or the threatened or apprehended breach).(3) A person (other than the EPA or a member of the staff of the EPA) who brings any such proceedings is required to give a copy of the application to the EPA as soon as practicable after the application is made. The EPA is entitled to become a party to those proceedings.(4) If the Court is satisfied that a breach, or a threatened or apprehended breach, will, unless restrained by order of the Court, be committed or be likely to be committed, it may make such orders as it thinks fit to restrain the breach or other conduct of the person by whom the breach is committed or by whom the threatened or apprehended breach is likely to be committed.(5) Without limiting the powers of the Court under this section, an order under this section may suspend any environment protection licence.
253A Enforcement of undertakings
(1) The EPA may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the EPA has a function under this Act.(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the EPA. The consent of the EPA is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.(3) The EPA may apply to the Land and Environment Court for an order under subsection (4) if the EPA considers that the person who gave the undertaking has breached any of its terms.(4) The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking:(a) an order directing the person to comply with that term of the undertaking,(b) an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,(c) any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,(d) an order suspending or revoking any environment protection licence held by the person,(e) an order requiring the person to prevent, control, abate or mitigate any actual or likely harm to the environment caused by the breach,(f) an order requiring the person to make good any actual or likely harm to the environment caused by the breach,(g) any other order the Court considers appropriate.
Part 8.5 Evidentiary provisions
In this Part:designated officer means an officer of the EPA designated in writing by the Director-General of the EPA for the purposes of this Part.
information relating to an offence includes an application referred to in section 41 of the Land and Environment Court Act 1979.
instrument includes a notice, order or written direction.
255 Evidence of threshold tests for scheduled activities
(1) In a case where there is a numerical or other threshold to be met for the purposes of determining whether activities are scheduled activities:(a) the question of whether the threshold was met is not relevant for the purposes of any proceedings under this Act, once it is established that an environment protection licence was in force in respect of the activities at the relevant time, and(b) it is immaterial for the purposes of those proceedings that the licence was not at that or any other time, or ever, needed.(2) This section does not apply to licences that are only issued to regulate water pollution resulting from non-scheduled activities.
256 Onus of proof of certain matters
(1) In any proceedings under this Act, the onus of proving that a person had a reasonable excuse or lawful excuse (as referred to in any provision of this Act or the regulations) lies with the defendant.(2) In any proceedings for an offence under Part 5.6A, the onus of proving an exception under section 145 (3)–(5), 146A (3), 146B (3) or 146E (4) lies with the defendant, but nothing in this subsection affects the construction or operation of any other provision of this Act.
257 Occupier of premises responsible for pollution from premises
(1) In any proceedings under this Act, the occupier of premises at or from which any pollution occurs is taken to have caused the pollution, unless it is established that:(a) the pollution was caused by another person, and(b) the other person was not associated with the occupier at the time the pollution occurred, and(c) the occupier took all reasonable steps to prevent the pollution.A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.
(2) Subsection (1) does not prevent proceedings being taken under this Act against the person who actually caused the pollution.
258 Evidence relating to occupier of premises
(1) In any proceedings under this Act, no proof is required (until evidence is given to the contrary) of the fact that a person is, or at any relevant time was, the occupier of any premises to which the proceedings relate.(2) In any proceedings under this Act, the holder of a licence under this Act in respect of any premises at a particular time or period is taken to be the occupier of the premises at that time or during that period.
259 Proof of certain appointments not required
In any proceedings under this Act no proof is required (until evidence is given to the contrary) of:(a) the appointment of the Director-General of the EPA or any member of the staff of the EPA, or(b) the appointment of the general manager or any officer or employee of a local authority, or(c) the appointment of the marine authority.
260 Documentary evidence generally
Any instrument purporting:(a) to be an instrument issued, made or given for the purposes of this Act, and(b) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,is admissible in any proceedings under this Act and (in the absence of evidence to the contrary) is to be taken to be such an instrument and to have been so signed.
261 Certificate evidence of certain matters
(1) A document signed by the Director-General of the EPA or a designated officer and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.(2) The matters referred to in subsection (1) are as follows:(a) that an instrument, a copy of which is set out in or annexed to the document, being an instrument purporting:(i) to be issued, made or given for the purposes of this Act, and(ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,was issued, made or given on a specified day,(b) that a person was or was not, at a specified time or during a specified period, the holder of a specified licence or a licence of a specified kind,(b1) that specified premises were or were not, at a specified time or during a specified period, the subject of a specified licence or a licence of a specified kind,(c) that a licence was or was not, at a specified time or during a specified period, subject to specified conditions,(d) that a licence was, at a specified time, revoked or suspended for a specified period or was revoked or suspended subject to specified conditions,(e) that, at a specified time, the surrender of a licence was approved or was approved subject to specified conditions,(f) that a condition was, at a specified time, revoked or varied in a specified manner or that a new condition was, at a specified time, attached to a licence or to the revocation, suspension or surrender of a licence,(g) that a person was or was not, at a specified time or during a specified period, an authorised officer or enforcement officer,(h) that a person was or was not, at a specified time or during a specified period, a member of staff of the EPA, the Department of Health, the marine authority or a local authority,(i) that an exemption was or was not given under this Act in relation to any specified matter,(j) that any such exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,(k) that any exemption was or was not, or that any such conditions were or were not, varied or revoked at a specified time,(l) that any consent necessary for bringing proceedings for an offence arising under this Act or a regulation under this Act has been duly given,(m) that an order, a copy of which is set out in or annexed to the certificate, was for the purposes of section 133 or 162 published in a specified manner and on a specified day,(n) that premises are within an area to which an order under section 133 applies, a copy of which order is set out in or annexed to the certificate,(o) that a register kept under this Act shows that specified premises were, at a specified time or during a specified period, within a specified classification referred to in regulations under this Act,(p) that a person was or was not appointed by the EPA as an analyst under this Act during a specified period,(q) that information required to be furnished to a regulatory authority or authorised officer pursuant to this Act or the regulations was or was not received,(r) that a document is a copy of part of, or an extract from, a register kept under this Act,(s) that an amount is payable under this Act or the regulations by a specified person and has not been paid,(t) that a person was served with a notice under this Act or the regulations,(u) that a specified function of the EPA or Director-General was delegated to a specified person under section 21 of the Protection of the Environment Administration Act 1991 during a specified period.(3) For the purposes of a certificate referred to in subsection (2) (g) in respect of an authorised officer or enforcement officer, a designated officer who may give the certificate includes the appropriate regulatory authority that appointed the authorised officer or enforcement officer or an officer of that authority who is appointed by that authority for the purposes of this subsection.
(1) The EPA may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.(2) A certificate of such an analyst stating the result of an analysis or examination is admissible in evidence in any proceedings under this Act as evidence of the facts stated in the certificate and the correctness of the result of the analysis or examination.(3) A certificate of such an analyst that, on receipt of a container containing a sample submitted to the analyst by an authorised officer or any other person, the container was sealed and the seal securing the container was unbroken is admissible in evidence in any proceedings under this Act or the regulations as evidence:(a) of the facts stated in the certificate, and(b) that the sample was the same sample as the one obtained by the authorised officer or other person, and(c) that the sample had not been tampered with before it was received by the analyst.(4) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.
Part 8.6 Noise—special provisions
Division 1 Noise control notices—regulatory authorities
263 Definition of “appropriate regulatory authority”
For the purposes of this Division, the marine authority is the appropriate regulatory authority in relation to:(a) vessels in navigable waters, and(b) premises used in connection with vessels and situated adjacent to, or partly or wholly over, navigable waters.
264 Noise control notices relating to premises
(1) This section applies to:(a) the person who is the occupier of any premises, or(b) the person who carries on or proposes to carry on an activity at any premises or who uses or operates or proposes to use or operate an article at any premises.(2) The appropriate regulatory authority may, by notice in writing given to such a person, prohibit the person from causing, permitting or allowing:(a) any specified activity to be carried on at the premises, or(b) any specified article to be used or operated at the premises,or both, in such a manner as to cause the emission from the premises at all times or on specified days, or between specified times on all days or on specified days, of noise that, when measured at any specified point (whether within or outside the premises), is in excess of a specified level.(3) If, in a noise control notice, there is no reference to the times or days during or on which the prohibition imposed by the notice is to operate, the prohibition operates at all times.(4) Nothing in this section affects the power under this Act to attach conditions to an environment protection licence.
265 Offence to contravene noise control notice
(1) A person who contravenes a noise control notice is guilty of an offence.(2) A person is not guilty of an offence unless it is established that the alleged offence resulted in the emission, from the premises to which the alleged offence relates, of noise that was able to be detected or perceived outside those premises without the aid of an instrument, machine or device.Maximum penalty:
• in the case of a corporation—$60,000 and, in the case of a continuing offence, a further penalty of $6,000 for each day the offence continues, or• in the case of an individual—$30,000 and, in the case of a continuing offence, a further penalty of $600 for each day the offence continues.
266 Revocation or variation of noise control notices
A noise control notice may be revoked or varied by the appropriate regulatory authority by a further notice under this Division.
267 Commencement of operation of noise control notices
(1) A noise control notice operates from the day the notice is given or from such later day as the notice specifies.(2) If an appeal is made against a noise control notice and the Land and Environment Court directs that the notice is stayed, the notice does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs.
(1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving noise control notices.(2) A person who is given a noise control notice by a regulatory authority must within 30 days pay the prescribed fee to the authority.(3) The regulatory authority may:(a) extend the time for payment of the fee on the application of a person to whom subsection (2) applies, or(b) waive payment of the whole or any part of the fee on the authority’s initiative or on the application of a person to whom subsection (2) applies.(4) The fee is not payable during the currency of an appeal against the noise control notice.(5) A fee is not payable on the variation or revocation of a noise control notice.(6) If the decision of the Court on an appeal does not invalidate the noise control notice, the fee is payable within 30 days of the decision.(7) A person who does not pay the fee within the time provided under this section is guilty of an offence.Maximum penalty (subsection (7)): 200 penalty units.
(1) The appropriate regulatory authority that gives a noise control notice to a person may, by notice in writing (in this section referred to as a compliance cost notice), require the person to pay all or any reasonable costs incurred by the authority in connection with:(a) monitoring action under the notice, and(b) ensuring that the notice is complied with, and(c) any other associated matters.(2) A regulatory authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.(3) If the person given a compliance cost notice complies with the notice but was not the person who caused the noise, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the noise.
Division 2 Noise abatement orders—Local Court
268 Issue of noise abatement orders
(1) The occupier of any premises may apply to a Local Court for an order under this section.(2) The application is to be commenced by the issue of an application notice that alleges that the occupier’s occupation of premises is affected by offensive noise.(3) The respondent to the application may be a person alleged to be making or contributing to the noise or the occupier of premises from which the noise is alleged to be emitted.(4) If the Local Court is satisfied (on the balance of probabilities) that the alleged offensive noise exists, or that although abated it is likely to recur on the same premises, the Local Court may make either or both of the following orders:(a) an order directing the respondent to abate the offensive noise within the time specified in the order,(b) an order directing the respondent to prevent a recurrence of the offensive noise.(5) Part 6 of the Local Courts Act 1982 applies to an application under this section.
269 Contravention of noise abatement order
A person who contravenes a noise abatement order is guilty of an offence.Maximum penalty: 30 penalty units.
270 Restrictions on noise abatement orders
(1) A noise abatement order has no force in so far as it is directed to:(a) the State or a person acting on behalf of the State, or(b) a public authority or a person in the capacity of a member, officer or employee of a public authority, or(c) a person or body prescribed by the regulations for the purposes of this paragraph.(2) A noise abatement order has no force in so far as it would have the result of affecting:(a) any activity carried on by or for the State or a public authority, or(b) any scheduled activity, or any other activity or work that is the subject of an environment protection licence, or(c) any activity of a class or description prescribed by the regulations for the purposes of this paragraph.
271 Commencement of operation of noise abatement order
(1) A noise abatement order operates from the day the order is made or from such later day as the order specifies.(2) If an appeal is made against a noise abatement order and the Land and Environment Court directs that the order is stayed, the order does not operate until the stay ceases to have effect or the Land and Environment Court confirms the order or the appeal is withdrawn, whichever first occurs.
272 Revocation or variation of noise abatement orders
A noise abatement order may be revoked or varied by a Local Court.
A Local Court may award costs against any party in proceedings under this Division.
274 Local Court having jurisdiction
(1) The jurisdiction of a Local Court under this Division may only be exercised by the Local Court for the relevant district appointed under section 6 of the Local Courts Act 1982.(2) The relevant district is the district in which the premises from which the noise is alleged to be emitted is situated.
Division 3 Noise abatement directions—police and other authorised persons
275 Definition of “authorised person”
In this Division:authorised person means:
(a) in any case—an authorised officer or a police officer, or(b) in relation to vessels in navigable waters—an officer or employee of the marine authority authorised by the marine authority for the purposes of this Division.
276 Issue of noise abatement directions
If it appears to an authorised person that offensive noise is being, or has at any time within the past 7 days been, emitted from any premises, the authorised person may:(a) direct the person whom the authorised person believes to be the occupier of the premises to cause the emission of the offensive noise to cease, or(b) direct any person whom the authorised person believes to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise,or both.
277 Contravention of noise abatement directions
(1) A person to whom a noise abatement direction has been given under section 276 (a) must not, without reasonable excuse, while the direction remains in force:(a) fail to cause the emission of the offensive noise from the premises to cease promptly, or(b) at any time within 28 days following the time at which the direction was given (or such shorter period as is specified in the direction), cause or permit offensive noise to be emitted from the premises.(2) A person to whom a noise abatement direction has been given under section 276 (b) must not, without reasonable excuse, while the direction remains in force:(a) fail to promptly cease making or contributing to the making of the offensive noise, or(b) at any time within 28 days following the time at which the direction was given (or such shorter period as is specified in the direction), make or contribute to the making of offensive noise that is emitted from the premises.(3) A noise abatement direction does not prevent the emission of noise that is not offensive noise.(4) A person who contravenes this section is guilty of an offence.Maximum penalty: 30 penalty units.
278 Restrictions on noise abatement directions
(1) A noise abatement direction (other than a direction given by an authorised officer appointed by the EPA) has no force in so far as it is directed to:(a) the State or a person acting on behalf of the State, or(b) a public authority or a person in the capacity of a member, officer or employee of a public authority, or(c) a person or body prescribed by the regulations for the purposes of this paragraph.(2) A noise abatement direction (other than a direction given by an authorised officer appointed by the EPA) has no force in so far as it would have the result of affecting:(a) any activity carried on by or for the State or a public authority, or(b) any scheduled activity, or any other activity or work that is the subject of an environment protection licence, or(c) any activity of a class or description prescribed by the regulations for the purposes of this paragraph.
279 Revocation of noise abatement directions
A noise abatement direction may be revoked by the person who gave (or could have given) the direction or by a person of a class prescribed by the regulations.
Division 4 Police powers regarding noise
280 Powers of entry by police by warrant
(1) Complaint for and issue of warrant
On complaint being made by a police officer to a Magistrate that:(a) the police officer has been denied entry to any specified premises, and(b) the police officer believes that:the Magistrate may, if satisfied that there are reasonable grounds for that belief, by warrant, authorise and require the police officer to enter the premises and to give a noise abatement direction or investigate whether a noise abatement direction has been contravened.(i) offensive noise is being emitted from the premises or offensive noise has, within the past 7 days, been emitted from the premises, and(ii) it is necessary for a police officer to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened,(2) Manner of making complaint
The complaint may be made by a police officer to the Magistrate in person or by telephone and may be made directly to the Magistrate or, where in all the circumstances it is impracticable to make the complaint directly, by causing the complaint to be transmitted by another police officer by either of those means.(3) Indirect complaint
The fact that the complaint is made to the Magistrate by a police officer who causes the complaint to be transmitted by another police officer to the Magistrate does not, if the Magistrate is of the opinion that it is in all the circumstances impracticable to communicate directly with the police officer making the complaint, prevent the Magistrate being satisfied as to the matters specified in subsection (1).(4) How warrant granted
The Magistrate grants the warrant by stating the terms of the warrant.(5) Magistrate to make record
The Magistrate who grants the warrant is required to cause a record to be made in writing in the prescribed form of:(a) the name of the police officer who was the complainant, and(b) where the complaint was transmitted by a police officer on behalf of the complainant—the name of the police officer who transmitted the complaint, and(c) the details of the complaint, including the name of any person who is alleged to have informed the police as to the offensive noise the subject of the warrant and the grounds relied on by the Magistrate to grant the warrant, and(d) the terms of the warrant (which must include the address of the premises the subject of the warrant), and(e) the date and time the warrant was granted.(6) Execution of warrant
The warrant is to be executed as soon as practicable after it is granted, but not later than 24 hours after it is granted, and may be executed by day or night.(7) Use of reasonable force
A police officer may use reasonable force (whether by breaking open doors or otherwise) for the purpose of entering premises in executing the warrant.(8) Use of assistants
A police officer may execute the warrant with the aid of such assistants as the police officer considers appropriate.(9) Warrant not invalidated by minor defects
The warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.(10) Police officer to make record
The police officer who was the complainant is required to make a record in triplicate in the prescribed form containing the following particulars:(a) the address of the premises the subject of the warrant,(b) the name of the Magistrate who granted the warrant,(c) the name of the police officer,(d) the time at which the warrant was granted.(11) How police record to be dealt with
The copies of the record made under subsection (10) are to be dealt with as follows:(a) the first copy is, on entry to the premises the subject of the warrant or as soon as practicable afterwards, if a person who appears to reside at the premises and to be of or above the age of 18 years is present, to be furnished to such a person together with a statement in the prescribed form and containing a summary of the nature of the warrant and the powers given by the warrant,(b) the second and third copies are to be endorsed with:(i) the name of the person (if any) who informed the police as to the offensive noise the subject of the warrant, and(ii) a notation as to whether any premises were entered under the warrant and, if so, the time of entry and the action taken at the premises,(c) the second copy is to be forwarded to the Director-General of the Attorney General’s Department or any other officer designated by that Director-General,(d) the third copy is to be retained by the police officer authorised to enter the premises under the warrant, to be dealt with in such manner as may be prescribed by the regulations.(12) Definitions
In this section:Magistrate includes any other person who is an authorised justice within the meaning of the Search Warrants Act 1985.
telephone includes a radio or another communication device.
281 Powers of police after entry by warrant
(1) Limited powers
If a police officer enters any premises under a warrant granted under section 280 for the purpose of giving a noise abatement direction or investigating whether a noise abatement direction has been contravened, the police officer may:(a) take only such action at the premises as is reasonably necessary:(i) to give the noise abatement direction or investigate whether such an offence has been committed, and(ii) to exercise any power under subsection (2) or any lawful power to arrest a person, and(b) remain at the premises only as long as is reasonably necessary to take that action.(2) Giving of names and addresses may be required
If a police officer believes on reasonable grounds that offensive noise is being emitted from any premises or offensive noise has, within the past 7 days, been emitted from any premises, the police officer may require any person:(a) whom the police officer believes on reasonable grounds to be the occupier of the premises or to be, or to have been, causing or contributing to the emission of the offensive noise, and(b) to whom the police officer has given an oral or written warning of that person’s obligation to furnish the information under this Act,to furnish the police officer with that person’s name and address and with the name and address of the occupier of the premises if that person is not the occupier.(3) Offences
A person:(a) who refuses or fails to comply with a requirement under subsection (2), or(b) who, in purported compliance with a requirement under subsection (2), furnishes information that the person knows is false or misleading in a material particular,is guilty of an offence.Maximum penalty: 30 penalty units.
(4) Defence
A person is not guilty of an offence arising under subsection (3) (a) if the person proves that, in so far as the requirement was not complied with, the person was not capable of complying with it.
282 Police powers to seize equipment
(1) This section applies if a noise abatement direction is in force and the person to whom the direction is given is contravening the direction.(2) A police officer may seize or secure any equipment that is being used to contravene the direction. The police officer may not do so unless the person in charge of the equipment has been warned that the continued use of the equipment may lead to its seizure.(3) If any such equipment is seized, the police officer is to issue the person from whom it is seized with a receipt that identifies the equipment, states the time and date of seizure, identifies the police officer seizing the equipment and notifies the procedure for the return of the equipment.(4) Unless it is returned or released earlier at the discretion of a police officer, any equipment that is seized or secured under this section must be returned or released within 28 days.(5) A person is not entitled to any compensation for damage caused to equipment that is seized or secured under this section if the damage occurred as a result of the police officer being obstructed or hindered in seizing or securing the equipment.
283 Other police powers not affected
Nothing in this Division limits any other power that a police officer may have under this or any other Act or at common law to enter or remain at any premises.