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VEGETATION MANAGEMENT ACT 1999 - SECT 68CH
Amending or suspending enforceable undertaking—after show cause process
68CH Amending or suspending enforceable undertaking—after show cause process
(1) The chief executive may amend or suspend an enforceable undertaking if the
chief executive is satisfied— (a) the undertaking was accepted relying on a
representation or declaration, made either orally or in writing, that was
false or misleading in a material particular; or
(b) the undertaking was
accepted on the basis of a miscalculation of the impacts of the contravention
or alleged contravention; or
(c) the amendment or suspension is necessary or
desirable because of an inspection, investigation or other matter under part 3
; or
(d) the amendment or suspension is necessary or desirable because of a
significant change in the way in which, or the extent to which, an activity is
being carried out that affects the likelihood of the undertaking— (i)
securing compliance with this Act or the Planning Act ; or
(ii) advancing the
purpose of this Act.
(2) The chief executive must give the person who made
the enforceable undertaking a notice that states— (a) the action the chief
executive proposes to take; and
(b) if the action is an amendment of the
undertaking—the amendment; and
(c) if the action is a suspension of the
undertaking—the period of the suspension; and
(d) the grounds for taking
the action; and
(e) the facts and circumstances that are the basis for the
grounds; and
(f) that the person may make written representations to show why
the action should not be taken; and
(g) the period, of at least 20 business
days after the person is given the notice, within which the person may make
the representations.
(3) If the chief executive proposes to amend the
enforceable undertaking, the notice must be accompanied by a copy of the
undertaking that shows the amendment.
(4) The chief executive must consider
any written representation the person makes within the period stated in the
notice.
(5) If the chief executive still believes a ground exists to take the
action, the chief executive may decide to take the action.
(6) Within 10
business days after making a decision to take the action, the chief executive
must give the person an information notice about the decision.
(7) If the
chief executive, at any time, decides not to take the action, the chief
executive must promptly give the person written notice of the decision.
(8)
In this section—
"impacts" , of a contravention or alleged contravention, include the
following— (a) loss of vegetation;
(b) loss of biodiversity;
(c) land
degradation;
(d) loss of connectivity;
(e) altered ecological processes;
(f) contributions to greenhouse gas emissions.
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