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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 355
Authority may apply to Court for order setting aside immunity from prosecution
355 Authority may apply to Court for order setting aside immunity from
prosecution
(1) If the administering authority receives a program notice from a person,
the authority may apply to the Court for an order that section 353 (1) does
not apply to the person for any continuation of the original offence.
(2) The
application must be made— (a) within 20 business days after the
administering authority receives the program notice or the longer period the
Court in special circumstances allows; and
(b) by filing written notice of
the application with the registrar of the Court and serving a copy of the
application on the person; and
(c) by complying with rules of court
applicable to the application.
(3) The making of the application does not
stay the operation of section 353 (1) .
(4) The procedure for the application
is to be in accordance with the rules of court applicable to it or, if the
rules make no provision or insufficient provision, in accordance with
directions of the judge.
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