Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 335

    (1)     This section applies if a person—

        (a)     is subject to a treatment direction; and

        (b)     either—

              (i)     fails to comply with the direction; or

              (ii)     complies with the direction but the native animal or native plant does not respond satisfactorily to the treatment within a reasonable time.

    (2)     The conservator may direct the person to—

        (a)     give the native animal or native plant to the conservator; or

        (b)     destroy the native animal or native plant.

Note     The power to make a direction includes the power to amend or repeal the direction. The power to amend or repeal the direction is exercisable in the same way, and subject to the same conditions, as the power to make the direction (see Legislation Act

, s 46).

    (3)     If the person fails to comply with the direction under subsection (2), the conservator may—

        (a)     enter the premises where the native animal or native plant is kept, with the assistance that the conservator considers necessary; and

        (b)     seize the native animal or native plant.

Note     Premises includes land (whether vacant or occupied), a vessel and a vehicle (see dict).

    (4)     If the conservator seizes a native animal or native plant under subsection (3), the conservator may—

        (a)     carry out the treatment, and dispose of the animal or plant in the way, that the conservator considers appropriate; and

        (b)     recover the reasonable costs of treating and disposing of the animal or plant from the person.

Note 1     General powers of entry and seizure are in pt 14.2.

Note 2     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).