SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 83B Enforcement of undertakings

SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 83B

    (1)     If the Secretary considers that a person who gave an undertaking under section 83A has contravened any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (2).

    (2)     If the Magistrates' Court is satisfied that the person has contravened a term of the undertaking, the Magistrates' Court may make any of the following orders—

        (a)     an order directing the person to comply with that term of the undertaking;

        (b)     an order that the person take any specified action for the purpose of complying with the undertaking;

        (c)     any other order that the Magistrates' Court considers appropriate in the circumstances.

    (3)     If a person fails to comply with an order made under subsection (2), the Secretary may give the person a written notice advising the person that the Secretary intends to carry out specified actions that remain to be done under the order unless the person satisfies the Secretary that the person will carry out those actions within a period of time acceptable to the Secretary.

    (4)     A person who is given a written notice under subsection (3) must respond to it within 14 days after being given the notice.

    (5)     If a person who has been given a notice under subsection (3) fails to give the Secretary a satisfactory response within 14 days, or fails to comply with any undertaking given to the Secretary in response to the notice, the Secretary—

        (a)     may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and

        (b)     may publicise the failure of the person to comply with the order.

    (6)     Subsections (3), (4) and (5) do not prevent contempt of court proceedings from being commenced or continued against a person who has failed to comply with an order made under subsection (2).

    (7)     If a person is found in contempt of court for failing to comply with an order made under subsection (2), the Secretary—

        (a)     may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and

        (b)     may publicise the failure of the person to comply with the order.

    (8)     The Secretary may recover any reasonable cost the Secretary incurs in taking action under subsection (5) or (7) as a debt due and payable by the person against whom the order was made under subsection (2).

S. 83C inserted by No. 11/2014 s. 7.