(1) Where the owner, occupier or mortgagee of any land within an area of
erosion hazard:
(a) has neglected or refused to enter into any agreement under
this Act to ensure the carrying into effect of a project instituted in respect
of that area in so far as such project relates to that land, or
(b) has
failed to carry out any covenant, condition or provision of any agreement
entered into by the owner, occupier or mortgagee as aforesaid,
the Minister
may authorise the Commissioner to give to such owner, occupier or mortgagee a
notice under this section.
(2) A notice given under subsection (1) may direct
the person to whom it is given to do any one or more of the following, that is
to say:
(a) to carry out on the land to which the notice relates the remedial
works or measures which the Commissioner considers should be carried out upon
such land and to complete such works or measures to the satisfaction of the
Commissioner within the time specified in the notice,
(b) to adopt in respect
of the land to which the notice relates during the period specified in the
notice the methods and practices of land utilisation or land management
specified therein,
(c) to limit during the period specified in the notice the
livestock which the person shall from time to time carry on the land to which
the notice relates or any specified part thereof to such total number of
livestock or the numbers of livestock of specified classes as shall be
specified in the notice.
(4) Any period specified in a notice given under
subsection (1) shall not exceed ten years.
(5) The requirements of any such
notice in relation to the matters referred to in subsection (2) (b) and (c)
may vary according to different times of the year.
(6) Any notice given under
subsection (1) may be revoked, varied or amended by like notice.
(7) Any
owner, occupier or mortgagee to whom notice has been given under this section
may within twenty-eight days after service upon the owner, occupier or
mortgagee of such notice lodge with the Minister an objection in writing
thereto specifying the grounds of objection.
(8) Upon receipt of an
objection, the Minister:
(a) shall consider the objection,
(b) may decide the
objection by dismissing it or by varying or revoking the notice, and
(c)
shall advise the objector personally or by post of the decision.
(9) The
objector may within 21 days of the decision of the Minister appeal against the
decision to the Land and Environment Court (which shall have jurisdiction to
hear and determine the appeal) and the decision of the Court on the appeal
shall be final.
(10) Any notice given under this section, or if such notice
is varied by the Minister or the Court, the notice as so varied, shall be
published in the Gazette and upon publication shall take effect and shall
during the currency thereof bind the owners, occupiers or mortgagees of the
land to which it relates.
(11) Any direction in respect of any matter
referred to in subsection (2) (b) and (c) may be renewed by the Commissioner
from time to time. Notice in writing of such renewal shall be given to the
owner, occupier or mortgagee of the land to which the direction relates within
a reasonable time before the expiration of the period for which such direction
applies.
The provisions of subsections (6), (7), (8), (9) and (10) shall apply, mutatis
mutandis, to and in respect of any notice given under this subsection.
Where a direction is proposed to be renewed such direction shall,
notwithstanding any provisions of this section, remain in force until the
notice renewing such direction is published in the Gazette or otherwise
disposed of.
(12) Any person who during the currency of any notice published
in the Gazette under subsection (10) or (11) fails to comply with any
direction contained in such notice shall be guilty of an offence and shall be
liable to a penalty not exceeding 500 penalty units.
(13) If any owner,
occupier or mortgagee of land to which a notice published in the Gazette under
subsection (10) or (11) applies fails to carry out on such land the remedial
works or measures specified in such notice in accordance with the requirements
thereof the Minister may authorise the Commissioner to enter upon such land
and execute such works and measures and the Minister may recover the costs
incurred from the owner, occupier or mortgagee of such land in any court of
competent jurisdiction as a debt due to the Crown and until such repayment
such cost shall be a charge on the land.
(14) No person shall be entitled to
claim or be paid any compensation whatsoever by reason of or in any way
arising out of a direction given or of powers exercised in pursuance of this
section.