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Contents (2003 - 103)
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Native Vegetation Act 2003 No 103
Current version for 1 January 2014 to date (accessed 25 April 2017 at 16:32)
Part 5 Division 3 Section 38
38   Directions for remedial work
(1)  If the Director-General is satisfied:
(a)  that any native vegetation has been cleared in contravention of this Act, or
(b)  that the clearing of native vegetation on any land has caused, or is likely to cause, on or in the vicinity of the land, any soil erosion, land degradation or siltation of any river or lake, or any adverse effect on the environment,
the Director-General may, by notice in writing, direct the landholder, or the person having the control or management of the clearing, to carry out specified work in a specified manner and within a specified time.
(2)  Any one or more of the following types of work may be directed to be carried out by a notice under this section:
(a)  work to repair any damage caused by the clearing,
(b)  work to rehabilitate any land affected by the clearing (including the taking of steps to allow the land to regenerate),
(c)  work to ensure that specified land, or any specified river or lake, will not be damaged or detrimentally affected, or further damaged or detrimentally affected, by the clearing.
(3)  A direction under this section may be varied or revoked by a further notice.
(4)  A person who does not comply with a direction under this section is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—2,000 penalty units and 200 penalty units for each day the offence continues, or
(b)  in any other case—1,000 penalty units and 100 penalty units for each day the offence continues.
Note.
 An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 45.
(5)  If a person fails to comply with a direction under this section, the Director-General may authorise any other person to enter the land and carry out the specified work.
(6)  The Director-General may recover the cost of that work from the person given the direction in any court of competent jurisdiction as a debt due by that person to the Crown.
(7)  In this section:
lake includes a lagoon, wetland, or other body of still water, whether permanent or temporary.
river includes any stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream.