BIODIVERSITY CONSERVATION ACT 2016 - SECT 11.15 Orders for remediation work relating to damage to land, habitat and plants and animals

BIODIVERSITY CONSERVATION ACT 2016 - SECT 11.15

11.15 Orders for remediation work relating to damage to land, habitat and plants and animals

(1) The Environment Agency Head may order a person to carry out specified remediation work in a specified manner and within a specified time, if the Environment Agency Head is satisfied that any of the following has been damaged in or as a result of the commission of an offence against this Act or the regulations or the commission of a native vegetation offence (whether or not any person has been proceeded against or convicted for the offence)--

(a) any declared area of outstanding biodiversity value,

(b) any habitat of a threatened species or threatened ecological community,

(c) any plant or animal that is of, or is part of, a threatened species or threatened ecological community,

(d) any native vegetation on category 2-regulated land under Part 5A of the Local Land Services Act 2013 ,

(e) in the case of a native vegetation offence under Part 5B of the Local Land Services Act 2013 --any native vegetation, or any protected animal or plant or the habitat of any protected animal or plant, on land to which a private native forestry plan under that Act applies,

(f) in the case of a native vegetation offence under Part 5B of the Forestry Act 2012 --any native vegetation, or any protected animal or plant or habitat of any protected animal or plant, on land to which an integrated forestry operations approval under that Act applies.

(2) A remediation order may, as an alternative to requiring a person to carry out specified remediation work in a specified manner, require the person to carry out work that will achieve a specified remediation outcome.

(3) A remediation order is to be served in writing on the person to whom it is given.

(4) A remediation order may be varied or revoked in the same manner in which a remediation order may be given.