ACT Numbered Regulations - Explanatory Statements

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MAGISTRATES COURT (WATER RESOURCES INFRINGEMENT NOTICES) REGULATION 2007 (NO 30 OF 2007)

2007










THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

MAGISTRATES COURT (WATER RESOURCES INFRINGEMENT NOTICES) REGULATION 2007



SUBORDINATE LAW SL2007-30





EXPLANATORY STATEEMENT

Circulated by authority of the
Attorney General
Simon Corbell MLA

OVERVIEW

Part 3.8 of the Magistrates Court Act 1930 provides that offences prescribed under regulation can be dealt with by way of an infringement notice. The Magistrates Court (Water Resources Infringement Notices) Regulation 2007 will enable infringement notices to be issued for a number of offences under the Water Resources Act 2007.

The regulation will enable certain offences of taking ground and surface water without a licence, and contravening licence conditions, to be dealt with by way of infringement notice.
SUMMARY OF CLAUSES

Clause 1 - Name of Regulation – provides that the Regulation is called the Magistrates Court (Water Resources Infringement Notices) Regulation 2007.

Clause 2 - Commencement – provides that the Regulation commences on the day the Water Resources Act 2007 commences.

Clause 3 – Purpose of Regulation – provides that the purpose of this Regulation is to allow for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Water Resources Act 2007.

Clause 4 – Dictionary – provides that the dictionary (at the end of the Regulation) is part of the Regulation.

Clause 5 – Notes – provides that a note included in the Regulation is not part of the Regulation, it is purely explanatory.

Clause 6 – Administering authority – provides that the authority mentioned in the Water Resources Act 2007 is the administering authority in relation to the issue of infringement notices.

Clause 7 – Infringement notice offences – provides that for an offence against the Water Resources Act as mentioned in schedule 1, there is a corresponding infringement penalty applicable.

Clause 8 – Infringement notice penalties – provides the penalties for an offence for both an individual and a corporation in Schedule 1 and also notes the cost of service a reminder notice for an infringement offence.

Clause 9 – Contents of infringement notices – other information – provides for additional information, other than the offence and penalty, which must be provided in an infringement notice.

Clause 10 – Contents of infringement notices – identifying authorised person – provides that the infringement notice must fully identify the authorised person.

Clause 11 – Contents of reminder notices – identifying authorised person – provides that a reminder notice must fully identify the authorised person.

Clause 12 – Costs if liability disputed – provides the cost of beginning a proceeding.

Clause 13 – Authorised people for infringement notice offences – provides who may serve an infringement notice and a reminder notice.

Schedule 1 – contains the offences and associated penalties under the Water Resources Act 2007.