Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an order is
made under section 12B(2) for the restoration of any land
and —
(a) the
order is not complied with within the time or in the manner specified in the
order; or
(b) the
order is complied with but the tree cover is subsequently destroyed, or is not
maintained to the satisfaction of the Minister,
the Minister may,
where the ownership of the land has not changed since the order was made or a
memorial of the order was registered and recorded under section 12BB,
enter upon the land with such persons and things as may be necessary to ensure
that the land is restored and may thereon carry out such works as are
necessary for that purpose, and the Minister may recover any expenses thereby
reasonably incurred as a debt due from any person who is then the owner of the
land.
(2) Where a person who
is an owner of the land reasonably incurs expense in complying with an order
made under section 12B(2), or where the Minister recovers expenses from a
person under subsection (1), that person may, if he is not the person on
the conviction of whom the order was made, recover as a debt due from the
person so convicted the amount —
(a)
reasonably incurred in complying with the order; or
(b)
where expenses are recovered from him by the Minister under
subsection (1), which is attributable to the act or default in respect of
which the person was so convicted.
[Section 12BD inserted by No. 75 of 1980
s. 5; amended by No. 25 of 1985 s. 91; No. 73 of 1995
s. 62; No. 38 of 2007 s. 9 and 23.]