Q&As

What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection Act 1990?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 24/06/2020

The following Environment Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection Act 1990?

What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection Act 1990?

Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction for an offence contrary to EPA 1990, s 33. If the penalty notice is not complied with, then a prosecution for the offence contrary to EPA 1990, s 33 may be brought.

There is no specific provision in EPA 1990 imposing a limitation period within which a prosecution for an offence committed under EPA 1990, s 33

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