Fisheries Management Act 2007

If the Minister is satisfied that a person has caused harm to a fish habitat by contravention of this Act, the Minister may issue a reparation order requiring the person—

to take specified action within a specified period to make good any resulting damage to the fish habitat; or

to make a payment or payments into an approved account to enable action to be taken to address any resulting damage to the fish habitat, or both.

A reparation order—

must be in the form of a written notice served on the person to whom it is issued; and

must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

must state the grounds on which it is made with reasonable particularity; and

may include requirements for action to be taken to prevent or mitigate further harm to the fish habitat, or for a plan of action to be prepared to the satisfaction of the Minister; and

may include requirements for specified tests or monitoring;

may include requirements for providing to the Minister specified results or reports; and

may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order;

in the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined); and

must state that the person may, within 14 days, appeal to the ERD

A fisheries officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account.

An emergency reparation order may be issued orally but, in that event, the person to whom it is issued must be advised immediately of the person's right to appeal to the ERD Court against the order.

If an emergency reparation order is issued orally, the fisheries officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.

If an emergency reparation order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written reparation order issued by the Minister and served on the relevant person.

The Minister or a fisheries officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.

The Minister may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order.

A person to whom a reparation order is issued must comply with the order. Maximum penalty: Maximum penalty: $50 000.