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VEGETATION MANAGEMENT ACT 1999 - SECT 68CI
Contravention of enforceable undertaking
68CI Contravention of enforceable undertaking
(1) A person must not contravene an enforceable undertaking made by the person
that is in effect. Penalty— Maximum penalty— (a) if the offence is
committed wilfully—6,250 penalty units; or
(b) otherwise—4,500 penalty
units.
(2) Regardless of whether the person is prosecuted for an offence
against subsection (1) , the chief executive may apply to a Magistrates Court
for an order if the person contravenes the enforceable undertaking.
(3) If
the court is satisfied the person contravened the undertaking, the court, in
addition to imposing any penalty, may make either or both of the following
orders— (a) an order directing the person to comply with the undertaking;
(b) an order discharging the undertaking.
(4) Also, the court may make any
other order the court considers just and appropriate in the circumstances,
including an order directing the person to pay to the chief executive— (a)
the costs of the proceedings; and
(b) the costs associated with the
investigation of the contravention of the enforceable undertaking; and
(c)
the reasonable costs of the chief executive in monitoring compliance with the
enforceable undertaking in the future.
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