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LAND PROTECTION (PEST AND STOCK ROUTE MANAGEMENT) ACT 2002 - SECT 78

78 Pest control notice

(1) This section applies if--

(a) a landowner does not comply with the owner's obligation under section 77; or
(b) the issuing entity reasonably believes a class 3 pest on the owner's land is causing, or has the potential to cause, an adverse economic, environmental or social impact on--
(i) the owner's land that is, or is in or adjacent to, an environmentally significant area; or
(ii) an environmentally significant area adjacent to the owner's land.

(2) The issuing entity may give the owner a written notice (a pest control notice) stating each of the following--

(a) the land and the declared pest to which the notice relates;
(b) if the notice relates to land that is, or is in or adjacent to, an environmentally significant area--the type of environmentally significant area;
(c) the reasonable action the owner must take against the pest within a stated reasonable period (the compliance period);
(d) the owner may, within 14 days after receiving the notice, ask the issuing entity--
(i) to extend the compliance period under section 79; or
(ii) to change the required action stated in the notice;
(e) an authorised person may, to ensure or monitor compliance with the notice and without further notice, enter the land at any reasonable time and exercise an authorised person's powers under chapter 7, part 3.

(3) Also, the notice may require the owner to take, within the compliance period, stated reasonable action against an animal or plant that is not a declared pest if--

(a) the land for which the notice is given is, or is in or adjacent to, an environmentally significant area; and
(b) the issuing entity is satisfied the animal or plant--
(i) is threatening, or is likely to threaten, the survival of native wildlife in the area; or
(ii) is affecting, or is likely to affect, the area's capacity to sustain natural processes.

(4) If it is not reasonably practicable for the issuing entity to give the owner a pest control notice, the issuing entity may give the notice by publishing it in a newspaper circulating generally in the area in which the land is situated.

(5) The notice must be accompanied by, or include, an information notice about the entity's decision to give the notice.

(6) The owner must comply with the pest control notice unless the owner has a reasonable excuse.

Maximum penalty--800 penalty units.

(7) In this section--

environmentally significant area means any of the following--

(a) a protected area;
(b) land dedicated as a reserve for environmental purposes under the Land Act, section 31;
(c) a world heritage area listed under the World Heritage Convention;
(d) an area supporting a critically endangered or endangered ecological community in the list established under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 181;
(e) a declared Ramsar wetland under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth);
(f) an area of high nature conservation value under the Vegetation Management Act 1999;
(g) an area, other than State-controlled land, identified in a local government's pest management plan as an area that has special environmental significance for native wildlife;
(h) a wild river area.

owner does not include the State.



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