Part 8Enforcement

Offences

162Time limits

1

A person may not be charged with an offence under section 160 or 161 after the end of—

a

the relevant 4-year period, or

b

if subsection (3) applies, the extended period.

2

The “relevant 4-year period” means—

a

in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;

b

in the case of an offence under section 161, the period of 4 years beginning with the later of—

i

the date on which the development was substantially completed, and

ii

the date on which the breach or failure to comply occurred.

3

This subsection applies if during the relevant 4-year period—

a

an information notice has been served under section 167, or

b

an injunction has been applied for under section 171.

4

The “extended period” means the period of 4 years beginning with—

a

the date of service of the information notice, if subsection (3)(a) applies;

b

the date of the application for the injunction, if subsection (3)(b) applies;

c

the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.