South Australian Current Regulations South Australian Current Regulations1—Form of notice of execution of warrant (regulation 12)
Notice of execution of warrant
Environment Protection Act 1993 — section 88(7)
*TO: The occupier of [insert address or description of place]
*TO: The person
apparently in charge of [insert description of vehicle]
TAKE NOTICE that—
• [insert name
of magistrate] , a magistrate, did at [insert time] on [insert date] issue a
warrant to break into or open any part of, or anything in or on—
* the
place described above.
* the vehicle described above.
• I [insert name
of authorised officer] , an authorised officer under the
Environment Protection Act 1993 did execute the warrant on [insert date]
.
• * No property
was seized.
* The following items of property were seized:
[insert details]
Date:
Signature of authorised officer:
* Strike out whichever is inapplicable
2—Form of notice of right to elect to be prosecuted (regulation 13)
Civil penalty for contravention—notice of right to elect to be
prosecuted for contravention
Environment Protection Act 1993 —section 104A(3)
File Number:
Issued by:
Date:
To: [insert title and full name, company name (if applicable), postal address
and any other information relevant for service of the notice]
Notice to alleged offender
1 The Environment Protection Authority (the
Authority) is satisfied that you have committed an offence by contravening a
provision of the Environment Protection Act 1993 as follows:
Provision
contravened:
Address or location of contravention:
Details of contravention:
2 The purpose of this notice is to advise you that
you may, by written notice to the Authority, elect to be prosecuted for the
contravention (see section 104A(3) of the Act).
If you do not elect to be prosecuted, the Authority may commence civil penalty
proceedings under section 104A of the Act for the purpose of obtaining an
order from the Court that you pay an amount as a civil penalty in respect of
the contravention.
In these civil proceedings, any contravention of the Act would only need to be
proved on the balance of probabilities.
3 If you elect to be prosecuted, rather than
negotiating a civil penalty with the Authority or facing civil penalty
proceedings, you must serve a written notice on the Authority within
21 days after service of this notice.
4 The following matters are relevant to the
provision of a notice of election to the Authority:
(1) The notice must be
addressed to the Authority as follows:
[insert relevant information]
(2) You may choose to
use the Attachment (below) or you may inform the Authority by your own letter,
quoting your name and the File Number shown at the top of this document.
(3) Section 104A of
the Act may be found at www.legislation.sa.gov.au and additional information
about the Act can be obtained from www.epa.sa.gov.au . Information concerning
this notice can also be obtained by telephoning the Manager, Investigations
Branch on [insert telephone number] .
(4) If you do not,
within 21 days after service of this notice, give notice to the Authority
of election to be prosecuted, proceedings may be commenced to recover a civil
penalty in the Environment, Resources and Development Court.
Attachment—Notice to Authority of election to be prosecuted
To: Environment Protection Authority
[insert address]
File number of notice under section 104A(3) of the Environment
Protection Act 1993 :
[insert file number]
* Individual
I elect to be prosecuted for the alleged contravention specified in the notice
of the file number set out above.
Name in full:
Contact details:
Date:
Signed:
* Company
I, having authority to act for and on behalf of the company in this matter,
give notice that the company elects to be prosecuted for the alleged
contravention specified in the notice of the file number set out above.
Name
of company:
Name in full of person with authority to act:
Contact details:
Date:
Signed:
* Strike out whichever is inapplicable