NATURE CONSERVATION ACT 1992 - SECT 173L How chief executive must deal with application

NATURE CONSERVATION ACT 1992 - SECT 173L

173L How chief executive must deal with application

(1) If the chief executive receives an application under section 173K , the chief executive must, within 6 weeks after receiving the application—

(a) decide whether the chief executive is reasonably satisfied, according to the circumstances—

(i) the enforcement order has been cancelled by the court; or

(ii) the enforcement order has been substantially complied with; or

(iii) the alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and

(b) either—

(i) approve the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or

(ii) refuse to approve the application.

(2) As soon as practicable after acting under subsection (1) , the chief executive must—

(a) give the applicant written notice stating—

(i) the decision and the reasons for it; and

(ii) if the chief executive refuses to approve the application or approves the application with conditions—

(A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and

(B) how to appeal; and

(b) if the chief executive approves the application without conditions—give written notice of the fact to the registrar of titles.

(3) If the chief executive approves the application with conditions and the chief executive is reasonably satisfied the conditions have been complied with, the chief executive must, as soon as practicable, give written notice of the fact to the registrar of titles.

(4) As soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar of titles must remove the particulars of the enforcement order from the registrar’s records.

(5) As soon as the particulars of the enforcement order have been removed from the registrar of titles’ records, the enforcement order is taken to have been complied with.