Native Vegetation Act 1991

A person who contravenes or fails to comply with an order under this

Division is, in addition to liability for contempt of the order, guilty of an offence.

Maximum penalty: $100 000.

Where the ERD Court makes an order under section 31A(6)(d) and the respondent fails to comply with the order within the period specified by the Court, the Council may cause any work contemplated by the order to be carried out, and may recover the costs and expenses of that work, as a debt, from the respondent.

Section 31B(4) and (5) apply to, and in relation to, the Council when acting under subsection (2) as though it were the respondent.

Where an amount is recoverable from a person by the Council under subsection (2)—

the

Council may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the rate prescribed by regulation on the amount unpaid and on any unpaid interest; and

the amount together with any interest so payable is, until paid, a first charge in favour of the Council on all land owned by the person.