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LAND ACT 1994 - SECT 214A
Steps required before giving remedial action notice
214A Steps required before giving remedial action notice
(1) This section applies if the Minister proposes to give a lessee or licensee
a remedial action notice.
(2) The Minister must give the lessee or licensee a
notice (a
"warning notice" ) stating each of the following— (a) that the Minister
proposes to give the lessee or licensee a remedial action notice;
(b) the
remedial action under the proposed remedial action notice;
(c) the grounds
for giving the proposed remedial action notice;
(d) the facts and
circumstances that are the basis for the grounds;
(e) that the lessee or
licensee may, within the reasonable period stated in the warning notice, make
written submissions to show why the proposed remedial action notice should not
be given.
(3) The submissions may include a plan (a
"remedial action plan" ) for the taking of action to remedy the ground for the
giving of the remedial action notice.
(4) The Minister must consider any
written submissions made under subsection (3) within the stated period.
(5)
The Minister may give the remedial action notice if, after complying with
subsection (4) , the Minister still believes the notice ought to be given.
(6) Without limiting subsection (5) , the Minister may give the remedial
action notice if the lessee or licensee does not, at any time, comply with any
remedial action plan included in the submissions.
(7) The remedial action
required under the remedial action notice may be different to the remedial
action stated in the warning notice.
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