Native Vegetation Act 1991

If an authorised officer who has been expressly authorised by the

Minister to issue directions under this section has reasonable grounds on which to believe that a person has breached this Act, or is likely to breach this Act, the authorised officer may do such of the following as the officer considers necessary or appropriate in the circumstances:

direct the person to refrain, either for a specified period or until further notice, from the act, or course of action, that constitutes, or would constitute, the breach;

if, in the opinion of the authorised officer, a breach has occurred and the breach is a minor breach—direct the person to make good the breach in a manner, and within a period, specified by the authorised officer;

take such urgent action as is required or is, in the opinion of the authorised officer, desirable because of any situation arising from the breach or likely breach (as the case may be).

A direction under subsection (1) must be given by notice in writing.

A notice under subsection (2) must identify the authorised officer issuing the direction.

Subject to section 31EA, if a person fails to comply with a direction under subsection (1)(b) within the time specified in the notice, the Council may cause the necessary action to be taken.

The costs and expenses incurred by the Council under subsection (4) may be recovered by the Council as a debt due from the person whose failure gave rise to the action.

Where an amount is recoverable from a person by the Council under this section—

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.

Subject to any order of the ERD Court to the contrary, the operation of a direction is not suspended pending the determination of an appeal.

A person who contravenes or fails to comply with a direction under this section is guilty of an offence.

Maximum penalty: $10 000.

A direction cannot be given under this section in relation to a breach if it appears that the breach occurred more than 2 years before the direction is given.