Biosecurity Act 2014

This section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice.

This section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice.

The chief executive may by gazette notice—

state any function or obligation mentioned in the notice that the local government has not complied with; and

declare that, for a stated period, the function or obligation is given to the chief executive; and

state that the chief executive proposes to perform the function or obligation; and

state what action the chief executive proposes to take to perform the function or obligation.

The chief executive may perform the function or obligation, and take the stated action.

The chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action.

The costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State.