Figure: Infringement notice procedure: Defendant does not pay or request hearing

Text description of figure:

The chart begins with the issue of an infringement notice to a defendant, who does not pay the infringement fee within 28 days of the service of the infringement notice (and does not request a hearing within 28 days of service of the infringement notice).

Outcomes for the overdue infringement notice may be:

• the informant takes no further action
• the informant serves a reminder notice on the defendant
• the defendant pays the infringement fee.

If the informant decides to serve a reminder notice on the defendant, and defendant does not pay the infringement fee and does not request a hearing with 28 days after service of the reminder notice, the informant can either take no further action, or else files the infringement notice, reminder and other relevant documents with the Environment Court. The Court can order the defendant to pay fine equal to the infringement fee plus $30 costs.

If the informant decides to serve a reminder notice on the defendant and the defendant requests a hearing within 28 days after service of the reminder notice, the following may occur:

• The defendant does not admit liability, in which case the informant may take no further action, or the informant files notice of hearing in Court and serves a copy of the notice of hearing on the defendant. If the Court then finds the defendant not guilty, it may order the informant to pay costs. If the Court finds the defendant guilty it can order the defendant to pay fine plus $30 costs.
• The defendant admits liability and makes submission as to penalty. The informant can either choose to take no further action, or can file a notice of hearing in Court and also file defendant's notice admitting liability. If the Court finds the defendant guilty it can order the defendant to pay fine plus $30 costs.