New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 59

59 Directions for remedial work

(1) If the Minister is satisfied that any plantation operations have been carried out on a plantation in contravention of this Act or the Code, the Minister may, by notice in writing, direct the owner or manager of the plantation to carry out specified work in a specified manner and within a specified time.

(2) Any one or more of the following types of work may be directed to be carried out by a notice under this section:

(a) work to repair any damage caused by the plantation operations,

(b) work to rehabilitate any land affected by the plantation operations,

(c) work to ensure that specified land (including any river or other body of water) will not be damaged or detrimentally affected, or further damaged or detrimentally affected, by the plantation operations.

(3) A direction under this section may be varied or revoked by a further notice.

(4) A person who, without reasonable excuse, does not comply with a direction under this section is guilty of an offence.

Maximum penalty: 1,000 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues.

(5) If a person fails to comply with a direction under this section, the Minister may authorise any other person to enter the land and carry out the specified work.

(6) The Minister may recover the cost of that work from the person given the direction in any court of competent jurisdiction as a debt due by that person to the State.

(7) The Minister is not required, before giving, varying or revoking a direction under this section, to notify any person who may be affected by the direction.