Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 173G

173G Effect of orders

(1) An enforcement order or an interim enforcement order may direct a party to the proceeding for the order—

(a) to stop an activity that constitutes, or will constitute, a nominated offence; or

(b) not to start an activity that will constitute a nominated offence; or

(c) to do anything required to stop committing a nominated offence; or

(d) to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or

(e) to do anything to comply with this Act.

(2) Without limiting the court’s powers, an enforcement order or an interim enforcement order may require—

(a) the repair, demolition or removal of a building; or

(b) for a relevant nominated offence—

(i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an
"affected area" ); or

(ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or

(iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.

(3) An enforcement order or an interim enforcement order—

(a) may be in terms the court considers appropriate to secure compliance with this Act; and

(b) must state the time by which the order is to be complied with.

(4) A person must not contravene an enforcement order or an interim enforcement order.

Penalty—

Maximum penalty—3,000 penalty units or 2 years imprisonment.

(5) In this section—

"relevant nominated offence" means a nominated offence relating to any of the following—

(a) taking or interfering with natural or cultural resources of a protected area;

(b) taking protected wildlife, other than in a protected area;

(c) taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest.

Notes—

1 For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).

2 For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants).

3 For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats).