NATIVE VEGETATION ACT 1991 - SECT 31E
NATIVE VEGETATION ACT 1991 - SECT 31E
(1) If an authorised
officer who has been expressly authorised by the Minister to issue directions
under this section has reasonable grounds on which to believe that a person
has breached this Act, or is likely to breach this Act, the authorised officer
may do such of the following as the officer considers necessary or appropriate
in the circumstances:
(a)
direct the person to refrain, either for a specified period or until further
notice, from the act, or course of action, that constitutes, or would
constitute, the breach;
(b) if,
in the opinion of the authorised officer, a breach has occurred and the breach
is a minor breach—direct the person to make good the breach in a manner,
and within a period, specified by the authorised officer;
(c) take
such urgent action as is required or is, in the opinion of the authorised
officer, desirable because of any situation arising from the breach or likely
breach (as the case may be).
(2) A direction under
subsection (1) must be given by notice in writing.
(3) A notice under
subsection (2) must identify the authorised officer issuing the
direction.
(4) Subject to
section 31EA, if a person fails to comply with a direction under
subsection (1)(b) within the time specified in the notice, the Council
may cause the necessary action to be taken.
(5) The costs and
expenses incurred by the Council under subsection (4) may be recovered by
the Council as a debt due from the person whose failure gave rise to the
action.
(6) Where an amount is
recoverable from a person by the Council under this section—
(a)
the Council may, by notice in writing to the person, fix a period, being not
less than 28 days from the date of the notice, within which the amount must be
paid by the person and, if the amount is not paid by the person within that
period, the person is liable to pay interest charged at the rate prescribed by
regulation on the amount unpaid and on any unpaid interest; and
(b) the
amount together with any interest so payable is, until paid, a first charge in
favour of the Council on all land owned by the person.
(7) Subject to any
order of the ERD Court to the contrary, the operation of a direction is not
suspended pending the determination of an appeal.
(8) A person who
contravenes or fails to comply with a direction under this section is guilty
of an offence.
Maximum penalty: $10 000.
(9) A direction cannot
be given under this section in relation to a breach if it appears that the
breach occurred more than 2 years before the direction is given.