Part 11 Enforcement provisions
(1) In this Part, a reference to a condition of a lease includes a reference to any covenant, term, reservation, exception, exemption, provision or prohibition attaching or applying to the lease, whether by the terms of the lease or the provisions of this Act or otherwise.(2) This Part (except section 49) applies to and in respect of a contravention of a condition of a lease notwithstanding that the contravention occurred before the commencement of this Part.
47 Notice to rectify contravention
(1) Where a lessee contravenes, whether by act or omission, any condition of a lease under this Act, the Commissioner may serve on the lessee a notice in writing requiring the lessee:(a) to comply with the condition, and(b) to take such measures to rectify the contravention as the Commissioner considers appropriate and as are specified in the notice.(1A) If an occupier within the meaning of section 18DA contravenes that section whether by act or omission, the Commissioner may serve on the occupier a notice in writing requiring the occupier:(a) to comply with that section, and(b) to take such measures to rectify the contravention as the Commissioner considers appropriate and specifies in the notice.(2) A notice under this section:(a) shall specify the period within which any measures referred to in subsection (1) (b) are to be taken,(b) may be served either personally or by post, and(c) may be varied or revoked by a further notice.(3) The Commissioner may, in any case in which the Commissioner considers that it is appropriate to do so, serve a copy of a notice under this section on a mortgagee of the lease to which the notice relates.
48 Commissioner may rectify contravention and recover costs
(1) Where the lessee or occupier does not take any of the measures specified in a notice under section 47 within the period required by the notice, the Commissioner may, by the Commissioner’s agents or contractors, enter the leased or occupied land and take those measures.(2) Any costs incurred by the Commissioner in taking any such measures:(a) may be recovered by the Commissioner from the lessee or occupier as a debt in a court of competent jurisdiction, and(b) shall be a charge on the leased or occupied land until the costs are paid to or recovered by the Commissioner.
(1) A lessee who contravenes, whether by act or omission, any of the following conditions of a lease is guilty of an offence and liable to a maximum penalty not exceeding the amount of maximum penalty specified opposite the condition:(a) (Repealed)(a1) The prohibition in section 18DA (3) (cultivating land without consent of Commissioner or contrary to a condition to which consent is subject)—maximum penalty: 100 penalty units.(b) The condition in section 18D (1) (d) (directions of Commissioner for protection of land)—maximum penalty: 100 penalty units.(c) The condition in section 18D (1) (h) (repairs to improvements)—maximum penalty: 100 penalty units.(d) The condition in section 18A (fencing)—maximum penalty: 100 penalty units.(e) The condition in section 18D (1) (f) (erection of building without approval)—maximum penalty: 20 penalty units.(f) (Repealed)(g) The condition in section 18D (1) (i) (returns etc to be furnished to Commissioner)—maximum penalty: 10 penalty units.(h) The condition in section 18D (1) (g) (gates to be erected on public roads)—maximum penalty: 10 penalty units.(i) A condition of the lease that is prescribed by the regulations made under this Act for the purpose of this section—maximum penalty: 5 penalty units.(2) A lessee who fails to comply with a notice under section 47 in connection with a contravention of any of the following conditions of the lease is guilty of an offence and liable to a penalty not exceeding 100 penalty units:(a) The prohibition in section 18DA (3) (cultivating land without consent of Commissioner or contrary to a condition to which consent is subject).(b) (Repealed)(c) The use of the land under lease for a purpose that is not a purpose for which the lease was granted or issued.(2A) An occupier within the meaning of section 18DA (cultivation of certain land) who:(a) contravenes, whether by act or omission, the prohibition in section 18DA (3) (cultivating land without consent of Commissioner or contrary to a condition to which consent is subject), or(b) fails to comply with a notice under section 47 in connection with such a contravention,is guilty of an offence.Maximum penalty: 100 penalty units.
(2B) (Repealed)(3) A person who aids, abets, counsels or procures the commission of an offence against this section shall be deemed to have committed that offence and is punishable accordingly.(4) Where an act or omission constitutes an offence under separate provisions of this section or under this section and any other Act, the offender is not liable to be punished twice in respect of the offence.
50 Appeal to Land and Environment Court against forfeiture of leases
(1) A lessee may appeal to the Land and Environment Court against any declaration of forfeiture made under section 129 of the Crown Lands Act 1989 (as adopted by Schedule 2).(2) Subject to any order of the Land and Environment Court, the making of the appeal does not stay the effect of the declaration.
51 Different proceedings may be taken for same contravention
The fact that proceedings have been taken under one of the provisions of this Part for a contravention of a condition of a lease does not preclude different proceedings being taken under this Part or otherwise for the same contravention.
(1) Proceedings for an offence against this Act or the regulations made under this Act shall be dealt with summarily before the Local Court.(2) Proceedings for an offence against this Act or the regulations made under this Act shall not be instituted without the written consent of the Commissioner or a prescribed officer.(3) In any proceedings for an offence against this Act or the regulations made under this Act, a consent to institute the proceedings, purporting to have been signed by the Commissioner or a prescribed officer, shall be evidence of that consent without proof of the signature of the Commissioner or the prescribed officer, as the case may be.(4) Proceedings for an offence against this Act or the regulations made under this Act may be instituted within 12 months after the time when the matter giving rise to the proceedings occurred.