Country Areas Water Supply Act 1947

On the application of the Minister the Supreme Court may, without regard to whether or not proceedings have been, or may be, taken against any person for an offence against section 12B, grant an injunction —

restraining a person from doing or causing or permitting to be done any thing that constitutes or would constitute a contravention of, or an attempt to contravene, section 12B; or

requiring a person to take or cause to be taken, such reasonable steps as the Supreme Court considers necessary to prevent the doing of any thing that constitutes or would constitute a contravention of, or an attempt to contravene, section 12B; or

restraining a person from doing or causing or permitting the doing of any thing on land that has been cleared contrary to this Part, or using or causing or permitting the use of such land in any way, if the doing of the thing on the land or the use of the land in that way would or may impair or delay the establishing or natural regeneration on the land of a tree cover,

notwithstanding that an application under section 12D for a review may lie or be pending in respect of a licence relating to the matter.

The Supreme Court shall not, as a condition of granting an interim injunction, require any undertaking as to damages.

An injunction granted for the purposes of this section —

shall have effect for such period as is specified therein; and

may be varied or rescinded by the Supreme Court.

This section does not limit any right of the Crown that would exist but for this section to apply for an injunction, and the grant, refusal, variation, rescission, or expiry of an injunction shall not affect the taking of proceedings against any person for an offence against section 12B nor the making of an order under that section.

[Section 12BE inserted: No. 75 of 1980 s. 5; amended: No. 25 of 1985 s. 92; No. 73 of 1995 s. 62; No. 55 of 2004 s. 152; No. 38 of 2007 s. 10.]

12C. Exceptions to s. 12B; clearing licences, grant of etc.

A person who clears controlled land does not contravene section 12B if the clearing is carried out —

under, and in accordance with the conditions of, a clearing licence granted under this Part; or

as a reasonably necessary emergency measure in order to avoid danger to persons or property, where, as soon as is reasonably practicable, the land is restored to the satisfaction of the Minister; or

as an essential measure in performing an obligation or carrying out a duty under the Biosecurity and Agriculture Management Act 2007 or the Bush Fires Act 1954; or

under, and in accordance with, a regulation made under this Part permitting the clearing of land by reference to the location of the land, the circumstances in which, the purposes for which, or the extent to which, the land is proposed to be cleared, or any of those matters,

or is attributable to events none of which that person could reasonably have been expected to prevent.

The owner or occupier of controlled land proposed to be cleared, or any person proposing to clear controlled land in the course of exercising any statutory function, may, in the prescribed manner, if any, apply to the Minister for a clearing licence and on payment of such fees as may be prescribed the Minister may grant or transfer any such licence, but where such an application is made and no decision is given within 6 months thereafter, or within such further period as the applicant may agree, then the Minister is deemed to have decided to refuse the application.

The Minister may refuse any application for the grant or transfer of a clearing licence and, unless the Minister is satisfied that there are exceptional reasons for not refusing an application, shall do so where, in the opinion of the Minister, after the clearing that would otherwise be authorised there would be less than one‑tenth part of the land in question left under tree cover including the indigenous undergrowth.

The grant or transfer of a licence may be in respect of —

the whole or a part of the land; and

the whole or a part of the clearing,

in respect of which application was made and may be made subject to such reasonable conditions as the Minister thinks fit, which conditions shall be endorsed upon or referred to in the licence when granted or, as the case may be, transferred.

A person who, in connection with an application for, or an application for a review relating to, a licence, knowingly makes any statement that is false or misleading in any material particular commits an offence, and where the person convicted of an offence against this subsection is the holder of the licence to which the offence relates the Minister may, whether or not any penalty is imposed by the court for the offence, by notice in writing given to that person, revoke the licence.

A licence takes and shall have effect according to its tenor, but —

the Minister may, by notice in writing given to the holder of the licence, from time to time after the licence is granted —

vary or add to the conditions of a licence; or

provide that an unconditional licence shall be subject to the conditions specified in the notice, or that a conditional licence shall cease to be subject to any condition;

and

where a licence was granted before the coming into operation of the Country Areas Water Supply Amendment Act 1980 for a period specified in the licence, that licence shall have effect for that period notwithstanding paragraph (a).

Where the holder of a licence contravenes or fails to comply with any condition endorsed on or referred to in the licence —

he commits an offence and is liable for his act or omission to the extent that it was not authorised by the licence; and

whether or not any other penalty is imposed or order made, the court may cancel that licence, and no compensation shall be payable in respect of any such cancellation; and

the Minister may, by notice in writing given to the holder of the licence, revoke the licence or suspend the operation of it for such period as the Minister thinks fit.

[Section 12C inserted: No. 75 of 1980 s. 5; amended: No. 41 of 1984 s. 9; No. 25 of 1985 s. 89 and 93; No. 24 of 1987 s. 64; No. 73 of 1995 s. 62; No. 55 of 2004 s. 153; No. 24 of 2007 s. 87; No. 38 of 2007 s. 23.]