Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 54B

54B Restoration notice

(1) This section applies if an official reasonably believes—

(a) a person has committed a vegetation clearing offence, whether before or after the commencement of this section; and

(b) the matter is capable of being rectified.

(2) The official may give the person a notice (a
"restoration notice" ) requiring the person to rectify the matter.

(3) The restoration notice must state—

(a) that the official believes the person has committed a vegetation clearing offence; and

(b) the vegetation clearing offence the official believes has been committed; and

(c) briefly, how it is believed the offence has been committed; and

(d) the matter the official believes is reasonably capable of being rectified; and

(e) the reasonable steps the person must take to rectify the matter; and

(f) the stated reasonable period in which the person must take the steps.

(4) The restoration notice must be accompanied by or include an information notice about the decision to give the notice.

(5) The person must comply with the restoration notice unless the person has a reasonable excuse.

Penalty—

Maximum penalty—4,500 penalty units.

(6) In this section—

"step" includes any action or other measure the official believes is necessary to rectify the matter.

Examples—

• giving a proposed restoration plan under section 55AB (1) or making a request under section 55AB (3)

• setting objectives and timeframes for restoring the vegetation

• giving the chief executive a progress report about whether the steps taken within a particular period to rectify the matter have satisfied a stated objective