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NATIVE VEGETATION ACT 1991 - SECT 31F

NATIVE VEGETATION ACT 1991 - SECT 31F

31F—Miscellaneous provisions

        (1)         The ERD Court may order an applicant in proceedings under section 31A

            (a)         to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and

            (b)         to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (2).

        (2)         If on an application under section 31A the ERD Court is satisfied—

            (a)         that the respondent has not breached this Act; and

            (b)         that the respondent has suffered loss or damage as a result of the actions of the applicant; and

            (c)         that in the circumstances it is appropriate to make an order under this provision,

the Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage which the respondent has suffered.

        (3)         A person who fails to comply with an order of the ERD Court under this Division commits a contempt of Court.

        (4)         The Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under subsection (1) or (2).

        (5)         The ERD Court may, on application under this subsection by a person to whom a notice has been given under section 31D(4)(a) or 31E(6)(a), extend the period that has been fixed by the Council for the purposes of the notice (and the relevant order of the Court under this subsection will then have effect according to its terms).