Australian Capital Territory
Magistrates Court (Environment Protection Infringement Notices) Regulation 2005    
SL2005-37
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  12 April 2007 – 30 June 2007
Republication date: 12 April 2007
Last amendment made by A2007-3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Environment Protection Infringement Notices) Regulation 2005, made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Purpose of regulation	2
	4	Dictionary	2
	5	Notes	2
	6	Administering authority	3
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—other information	4
	10	Contents of infringement notices—identifying authorised person	4
	11	Contents of reminder notices—identifying authorised person	4
	12	Authorised people for infringement notice offences	5
	13	Expiry—sch 1, pt 1.1	5
Schedule 1	Environment protection legislation infringement notice offences and penalties	6
Part 1.1	Environment Protection Act 1997	6
Part 1.2	Environment Protection Regulation 2005	8
Dictionary		10
Endnotes
	1	About the endnotes	11
	2	Abbreviation key	11
	3	Legislation history	12
	4	Amendment history	12
	5	Earlier republications	13

Australian Capital Territory
Magistrates Court (Environment Protection Infringement Notices) Regulation 2005     

made under the
Magistrates Court Act 1930

    

  

  

1	Name of regulation
This regulation is the Magistrates Court (Environment Protection Infringement Notices) Regulation 2005.
3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the environment protection legislation.
Note	The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts.  The infringement notice system is intended to provide an alternative to prosecution.
4	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘authorised officer—see the Environment Protection Act 1997, dictionary.’ means that the term ‘authorised officer’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Administering authority
The administering authority for an infringement notice offence against the environment protection legislation is the environment protection authority.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the environment protection legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the environment protection legislation, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 of the item applying to the offence or, if there is more than 1 amount mentioned in the column, the amount applying to the individual.
	(2)	The penalty payable by a corporation for an offence against the environment protection legislation, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 of the item applying to the offence or, if there is more than 1 amount mentioned in the column, the amount applying to the corporation.
	(3)	The cost of serving a reminder notice for an infringement notice offence against the environment protection legislation is $34.
9	Contents of infringement notices—other information
	(1)	An infringement notice served on a company by an authorised person for an infringement notice offence against the environment protection legislation must include the company’s ACN.
Note	The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this section:
company means a company registered under the Corporations Act.
10	Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the environment protection legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
11	Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the environment protection legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	Authorised people for infringement notice offences
An authorised officer may serve—
	(a)	an infringement notice for an infringement notice offence against the environment protection legislation; and
	(b)	a reminder notice for an infringement notice offence against the environment protection legislation.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
13	Expiry—sch 1, pt 1.1
	(1)	Schedule 1, part 1.1 expires on the default application date.
	(2)	In this section:
default application date—see the Criminal Code, section 10.
Note	This date is the date the provisions of the Criminal Code, ch 2 apply to all ACT offences.

Schedule 1	Environment protection legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Environment Protection Act 1997

column 1
item	column 2
offence provision and, if relevant, case	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	42 (1)	200	1 000	
2	42 (2) 	200	1 000	
3	44 (1)	200	1 000	
4	45 (1)	200	1 000	
5	67	10	50	
6	69 (3)	50	500	
7	71 (3) (a)			
7.1	·	if notice under 71 (1) (c)	50	500	
7.2	·	if notice under 71 (2) (a)	50	500	
8	71 (3) (b)	50	500	
9	76 (5)	50	500	
10	77 (3)	50	500	
11	78 (5)	50	500	
12	82 (3)	50	500	
13	84 (3) (a)			
13.1	·	if notice under 84 (1) (c)	50	500	
13.2	·	if notice under 84 (2) (a)	50	500	
14	84 (3) (b)	50	500	
15	134	100	500	
16	139 (3)	50	500	
17	141	50	100	
18	142	100	500	
19	148 (1)	20	250	
20	149 (1)	20	250	
21	149 (4)	50	250	
22	159A (1)	10	100	

Part 1.2	Environment Protection Regulation 2005

column 1
item	column 2
offence provision and, if relevant, case	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	9 (1)	5	100	
2	10 (1) (b) (i) 	10	120	
3	10 (1) (b) (ii)	10	120	
4	10 (3) (b) (i)	10	120	
5	10 (3) (b) (ii)	10	120	
6	11 (5) 	10	120	
7	12 (1) 	5	100	
8	15 (1) 	10	200	
9	15 (2)	10	200	
10	39 (1) 	10	200	
11	39 (2)	10	200	
12	40 (1) 	10	120	
13	40 (2) 	10	120	
14	44 (1) 	10	175	
15	44 (2)	10	100	
16	45 (1) (a) 	10	100	
17	45 (1) (b) 	10	100	
18	46 (1) 	10	100	
19	47 (1) 	10	175	
20	47 (2)	10	175	
21	48 (2) 	10	100	
22	49 (2) 	10	100	
23	50 (1) 	10	200	
24	55 (2) (a)	10	100	
25	55 (2) (b)	10	100	
26	58 (1)	10	100	
27	58 (2)	10	100	
28	59 (1)	10	100	
29	59 (2)	10	100	
30	60 (1)	5	100	
31	60 (2)	5	100	
32	61 (1)	10	100	

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	corporation
·	Corporations Act
·	environment protection authority
·	individual.
Note 3	Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148).  For example, the following terms are defined in the Magistrates Court Act 1930, dict:
·	administering authority
·	authorised person
·	infringement notice
·	infringement notice offence
·	reminder notice.
authorised officer—see the Environment Protection Act 1997, dictionary.
environment protection legislation means—
	(a)	the Environment Protection Act 1997; and
	(b)	the Environment Protection Regulation 2005.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Magistrates Court (Environment Protection Infringement Notices) Regulation 2005 SL2005-37
notified LR 11 November 2005
s 1, s 2 commenced 11 November 2005 (LA s 75 (1))
remainder commenced 12 November 2005 (s 2 and see Statute Law Amendment Act 2005 A2005-20, s 2 (2) and LA s 79)
as amended by
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.66
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.66 commenced 12 April 2007 (s 2 (1))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Dictionary
s 4	am A2007-3 amdt 3.367
Environment Protection Act 1997
sch 1 pt 1.1	exp on the default application date (see s 13 and Criminal Code 2002 A2002-51 s 10)
Dictionary
dict	def authorised officer sub A2007-3 amdt 3.368

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
12 Nov 2005	12 Nov 2005–
11 Apr 2007	not amended	new regulation	

©  Australian Capital Territory 2007