Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 173I

173I Effect of enforcement order requiring restoration or rehabilitation of land

(1) This section applies if—

(a) the court makes an enforcement order directing a person (the
"declared person" ) to restore or rehabilitate land; and

(b) the declared person has an interest in the land; and

(c) the order states that this section applies to the land.

(2) The person who started the proceeding for the enforcement order must, as soon as practicable after the enforcement order is made, give the chief executive—

(a) written notice stating that the order has been made; and

(b) a copy of the order.

Penalty—

Maximum penalty—20 penalty units.

(3) Subsection (4) applies if the declared person transfers to another person (the
"transferee" ), in any way, all or part of the declared person’s interest in the land.

(4) To the extent the land is the subject of the enforcement order, on the transfer—

(a) a reference in the enforcement order to the declared person is taken to be a reference to the transferee; and

(b) the enforcement order is taken to have been made against the transferee on the transfer of the interest; and

(c) any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.

(5) If it is not reasonably practical for the transferee to comply with the enforcement order within the time stated in the order, the transferee may apply to the court, under section 173D (1) (c) , for an order to change the enforcement order by extending the time for compliance with the enforcement order.

(6) To remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for any contravention of the enforcement order that happens on or after the transfer of the interest.

(7) Subsections (4) to (6) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.