New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 11.18

11.18 Minister may accept certain undertakings

(1) The Minister may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Minister has a function under this Act.

(2) Without limiting subsection (1), an undertaking that the Minister may accept under that subsection includes an undertaking to carry out a restorative justice activity referred to in section 11.16 (2).

(3) The person may withdraw or vary the undertaking at any time, but only with the written consent of the Minister. The consent of the Minister is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.

(4) Subject to this section, no proceedings for a contravention or alleged contravention of this Act or the regulations may be brought against a person if an undertaking is in effect in relation to that contravention.

(5) No proceedings may be brought for a contravention or alleged contravention of this Act or the regulations against a person who has made an undertaking in relation to that contravention and has completely discharged the enforceable undertaking.

(6) The Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.

(7) If the Minister accepts an enforceable undertaking before the proceedings are finalised, the Minister must take all reasonable steps to have the proceedings discontinued as soon as possible.