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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 66B Enforcement orders

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 66B

Enforcement orders

    (1)     On application under section 66A, VCAT may make an order directing a person to do any one or more of the following—

        (a)     to stop the land use activity within a specified period;

        (b)     not to start the land use activity;

        (c)     to cancel or suspend the land use activity;

        (d)     do anything specified in the order within a specified period—

              (i)     to restore the agreement land as nearly as practicable to its condition immediately before the land use activity started; or

              (ii)     to otherwise ensure compliance with this Act.

    (2)     An order under subsection (1) must specify—

        (a)     the land use activity that contravenes, has contravened or is likely to contravene this Act; and

        (b)     the agreement land affected or likely to be affected by the contravention; and

        (c)     any other prescribed information.

    (3)     An order under subsection (1) may be made against one or more of the following persons—

        (a)     the responsible person in relation to the land use activity;

        (b)     if the decision maker in relation to the activity is not an individual, the decision maker;

        (c)     if the decision maker in relation to the activity is an individual, the body responsible under the Act under which the agreement land is managed for the management of the agreement land.

S. 66C inserted by No. 67/2016 s. 17.