TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 66F Interim enforcement orders

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 66F

    (1)     On application under section 66E(1), VCAT may make an order directing the person against whom the order is made to do any one or more of the following—

        (a)     to stop the land use activity immediately or within the period specified in the order;

        (b)     not to start the land use activity;

        (c)     to suspend the land use activity;

        (d)     to do anything specified in the order within a specified period to ensure compliance with the land use activity agreement or this Act.

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

        (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.

    (3)     Before making an order under subsection (1), VCAT must consider—

        (a)     whether, because of circumstances of urgency, it is desirable to make the order before the application for the enforcement order is determined to prevent serious or irreversible damage to—

              (i)     the agreement land; or

              (ii)     the interests of the traditional owner group entity under the agreement; and

        (b)     whether VCAT should hear any other person before the interim enforcement order is made; and

        (c)     whether the interests of fairness require that the interim enforcement order be made.

S. 66G inserted by No. 67/2016 s. 17.