Contents (2003 - 103)
Native Vegetation Act 2003 No 103
Division 3 Director-General’s powers
36 Power to obtain information
(1) In this section:relevant information means information about a possible contravention of this Act.(2) The Director-General may, by notice in writing served on a person, require the person:(a) to give to an authorised officer, orally or in writing signed by the person (or, if the person is a corporation, by a competent officer) and within the time and in the manner specified in the notice, any relevant information of which the person has knowledge, or(b) to produce to an authorised officer, in accordance with the notice, any document containing relevant information.(3) An authorised officer may inspect a document produced in response to such a notice and may make copies of, or take extracts or notes from, the document.(4) A person must not, without reasonable excuse:(a) fail to comply with such a notice to the extent that the person is capable of complying with it, or(b) in purported compliance with such a notice, give information or an answer to a question, or produce a document, knowing that it is false or misleading in a material particular.Maximum penalty: 100 penalty units.(5) A person is not excused from giving information, answering questions or producing documents under this section on the ground that the information, answers or documents may tend to incriminate the person.(6) Any information or document obtained from a natural person under this section is not admissible against the person in criminal proceedings other than proceedings for an offence under this section.Note.Section 34 (4) requires an authorised officer exercising functions under this section to produce his or her identification card if requested to do so.
37 Director-General may make “stop work” order
(1) If the Director-General is of the opinion that a person is contravening, or is about to contravene, this Act, the Director-General may, by notice in writing given to the person, order the person not to carry out the activity concerned.(2) The order:(a) takes effect immediately (or from a later date specified in the notice), and(b) is subject to such conditions as the Director-General may specify in the notice.(3) The Director-General may vary or revoke the order or the conditions of the order by further notice in writing given to the person subject to the order.(4) An order under this section remains in force until whichever of the following happens first:(a) the order is revoked by the Director-General,(b) the period (if any) for which the order is expressed in the notice to be in force ends,(c) the period of 2 years from the day on which the order took effect ends.(5) A person who does not comply with an order in force 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 (5) 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.
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, orthe 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.(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,(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.
39 Appeals under this Division
(1) A person aggrieved by a decision of the Director-General to make an order, or to give a direction, under this Division may appeal against the decision to the Land and Environment Court within 30 days of the service of the notice of the order or direction.(2) The lodging of an appeal does not, except to the extent that the Land and Environment Court otherwise directs in relation to the appeal, operate to stay action on the decision appealed against.
40 Prior notification not required
The Director-General is not required, before making an order or giving a direction under this Division, to notify any person who may be affected by the order or direction.