FISHERIES ACT 1994 - SECT 124 Chief executive may rehabilitate or restore land etc.

FISHERIES ACT 1994 - SECT 124

124 Chief executive may rehabilitate or restore land etc.

(1) The chief executive may take the action reasonably necessary to rehabilitate or restore land, waters, marine plants or a declared fish habitat area if—

(a) the land, waters, marine plants or fish habitat area has been removed, destroyed or damaged; and

(b) the chief executive reasonably believes the removal, destruction or damage was caused by an act or omission that constituted a failure to comply with any of the following—

(i) this Act or the Planning Act , so far as it relates to fisheries development;

(ii) a former Act ;

(iii) the repealed Fisheries Act 1957 ;

(iv) a condition of an authority or a fisheries development approval.

(2) The costs reasonably incurred by the chief executive in rehabilitating or restoring the land, waters, marine plants or declared fish habitat area are a debt payable by the person who caused the removal, destruction or damage to the State.

(3) If the person is convicted of an offence against this Act constituted by the removal, destruction or damage, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State.

(4) Subsection (3) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.