Rehabilitation direction
91V Rehabilitation direction
(1) The Board may direct, by written notice, a person to rehabilitate land (a rehabilitation direction) if the Board believes on reasonable grounds that:
(a) clearing land by the person resulted in substantial degradation of the land; or
clearing was contrary to the clearing permit or this Act.
The rehabilitation direction may:
require the person:
(i) to prepare a rehabilitation plan for the land for the person to implement; and
(ii) to submit the rehabilitation plan to the Board for approval within a specified period; or
(b) specify that the Board has prepared a rehabilitation plan for the land which the person must implement.
(3) After receiving a rehabilitation plan from a person under subsection (2)(a) for approval, the Board must:
(a) if the Board considers the plan is adequate – approve the plan by written notice given to the person within 14 days of making the decision; or
(b) if the Board does not consider the plan is adequate – return the plan by written notice given to the person for amendment as directed by the Board within 14 days of making the decision.
A person must implement:
(a) the rehabilitation plan prepared by the Board under subsection (2)(b); or
(b) the rehabilitation plan approved by the Board under subsection (3)(a).
(5) If a rehabilitation plan requires the person to do a specified act within a specified period and the person fails to do the act within that period, the Board may authorise, in writing, a person to:
(a) enter the land the subject of a rehabilitation plan, with or without equipment and machinery; and
do the act required to be done.
(6) The cost to the Territory of work carried out under subsection (5) is a debt due and payable to the Territory.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.