Protection of the Environment Operations Act 1997 No 156
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
(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offence if a penalty notice for the alleged offence is withdrawn in accordance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
(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.