New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SECT 32

32 Civil enforcement of certain conditions of approval

(1) In this section:
"breach" includes a threatened or apprehended breach.
"conditions" means any conditions subject to which forestry operations covered by an integrated forestry operations approval may be carried out (other than the terms of a relevant licence set out in the approval).
"relevant Minister", in relation to an integrated forestry operations approval, means a Minister who is a party to the approval (other than the Minister administering the Forestry Act 1916 ).

Note: Section 35 makes provision with respect to the enforcement of the terms of a relevant licence.

(2) A relevant Minister may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of the conditions of an integrated forestry operations approval.

(3) Any such proceedings may be brought whether or not any right of the relevant Minister or the State has been or may be infringed by or as a result of the breach.

(4) If the Land and Environment Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.

(5) Without limiting the powers of the Court under this section, an order under this section may suspend an approval with respect to the forestry operations concerned in the breach.