Compliance directions
35A Compliance directions
The Minister may issue a direction under this section (a
compliance direction) for the purpose of—
securing compliance with a requirement under this Act, a tenement (including a term or condition of a tenement) or any authorisation or direction under or in relation to a tenement; or
preventing or bringing to an end specified operations that are contrary to this Act or a tenement (including a term or condition of a tenement); or
without limiting any other provision, requiring the rehabilitation of land on account of any operations carried out without an authority required by this Act; or
requiring the taking of any action that, in the opinion of the
Minister, is required to ensure public safety.
A compliance direction—
must be in the form of a notice in writing given to the person to whom the direction is issued; and
must—
specify the person to whom it is issued (whether by name or by description sufficient to identify the person); and
specify the grounds on which it is issued; and
may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:
a requirement that the person discontinue, or not commence, specified operations indefinitely or for a specified period or until further notice from the Minister;
a requirement that the person not carry on specified operations except at specified times or subject to specified conditions;
a requirement that the person take specified action within a specified period.
The Minister may, by notice in writing given to the person to whom a compliance direction is issued, vary or revoke the direction.
A person to whom a compliance direction relates must comply with a direction under this section within the time allowed in the direction. Maximum penalty: Maximum penalty: $250 000.
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