Queensland Consolidated Acts

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VEGETATION MANAGEMENT ACT 1999 - SECT 68

68 Summary proceedings for offences

(1) A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886.

(2) Subject to subsection (4), a proceeding for an offence against this Act must start—

(a) within 1 year after the commission of the offence; or
(b) within 1 year after the offence comes to the complainant's knowledge, but within 5 years after the offence is committed.

(3) Despite the Planning Act, and subject to subsection (4), a proceeding for a vegetation clearing offence must start—

(a) within 1 year after the commission of the offence; or
(b) within 1 year after the offence comes to the complainant's knowledge, but within 5 years after the offence is committed.

(4) If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section.

(5) Subsection (4)—

(a) applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and
(b) does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.

(6) A vegetation clearing offence does not come to the complainant's knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.



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