BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.27
Enforcement of undertakings
BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.27
Enforcement of undertakings
13.27 Enforcement of undertakings
(1) The Environment Agency Head may accept
a written undertaking given by a person for the purposes of this Division in
connection with a matter in relation to which the Environment Agency Head has
a function under this Act.
(2) Without limiting subsection (1), an
undertaking that the Environment Agency Head may accept includes an
undertaking to carry out a restorative justice activity.
(3) The person may
withdraw or vary the undertaking at any time, but only with the consent in
writing of the Environment Agency Head. The consent of the
Environment Agency Head is required even if the undertaking purports to
authorise withdrawal or variation of the undertaking without that consent.
(4) The Environment Agency Head may apply to the Land and Environment Court
for an order under subsection (5) if the Environment Agency Head considers
that the person who gave the undertaking has breached any of its terms.
(5)
The Court may make all or any of the following orders if it is satisfied that
the person has breached a term of the undertaking--
(a) an order directing the
person to comply with that term of the undertaking,
(b) an order directing
the person to pay to the State an amount not exceeding the amount of any
financial benefit that the person has obtained directly or indirectly and that
is reasonably attributable to the breach,
(c) any order that the Court thinks
appropriate directing the person to compensate any other person who has
suffered loss or damage as a result of the breach,
(f) an order requiring the person to make good any
actual or likely damage to animals or plants, or their habitat, or to such a
declared area, caused by the breach,
(g) any other order the Court considers
appropriate.
