NATIVE VEGETATION ACT 1991 - SECT 31EA

NATIVE VEGETATION ACT 1991 - SECT 31EA

31EA—Substituted direction where compliance with enforcement notice not reasonably practicable

        (1)         If—

            (a)         an authorised officer gives a direction to a person under section 31E(1)(b); and

            (b)         it is not reasonably practicable for the person to comply with the direction,

the person may apply to the Council for a substituted direction under this section.

        (2)         An application for an order under this section must be made in a manner and form determined by the Council.

        (3)         The Council may, if satisfied that compliance with the direction under section 31E(1)(b) is not reasonably practicable, revoke the direction and instead direct the person—

            (a)         to take such action as may appear appropriate to the Council (whether on the person's land or otherwise), taking into account the nature and extent of the alleged breach forming the basis for the original direction; or

            (b)         to pay into the Fund an amount, determined by the Council to be appropriate in the circumstances, on account of any benefit that the person has gained, or can reasonably be expected to gain, by allegedly committing the breach; or

            (c)         to refrain from an act or course of action, or to undertake an act or course of action, to ensure that the person does not gain an ongoing benefit from the alleged breach.

        (4)         A direction under this section—

            (a)         must specify the period within which the direction must be complied with;

            (b)         must comply with any other requirement set out in the regulations.

        (5)         Without limiting this section, section 31E (other than subsection (9)) applies to a direction under this section as if it were a direction under section 31E(1)(b).