Fisheries Management Act 1994

If dredging work or reclamation work is carried out in contravention of section 200 or 201, the Minister may, by order in writing given to the local government authority or person concerned, require that authority or person to carry out, within a period specified in the order, such remedial work as the Minister considers necessary to rectify the damage caused by the dredging work or reclamation work to fisheries and fish habitats.

A court that convicts a local government authority or person of an offence against section 200 or 201 may also make an order of the kind referred to in subsection (1).

A local government authority or person who, without reasonable excuse, fails to comply with an order under this section is guilty of an offence.

If the requirements of an order under this section are not complied with within the period specified in it, the Minister—

may cause the work specified in the order to be carried out, and

may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the local government authority or person to whom the order was given the cost of complying with those requirements.

Action may be taken against a local government authority or person in respect of a dredging work or reclamation work under this section regardless of whether the local government authority or person has been charged with having committed an offence against this Division in relation to the same work.

This section extends to a contravention of Division 4 or 5 and to damage caused by any such contravention. Accordingly, a reference to section 200 or 201 includes a reference to that Division and a reference to dredging work or reclamation work includes a reference to work to which that Division applies.

For the purposes of this section, a conviction includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.