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NUCLEAR FACILITIES PROHIBITION ACT 2007 - SECT 15
Effect of enforcement order requiring restoration or rehabilitation of land
15 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 applicant must, as soon as
practicable after the making of the order, give the chief executive— (a) a
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 transferred interest in the land is the
subject of the order, on the transfer— (a) a reference in the order to the
declared person is taken to be a reference to the transferee; and
(b) the
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 order within
the period stated in it, the transferee may apply to the court, under
section 10 (1) (c) , to extend the period.
(6) To remove any doubt, it is
declared that on the transfer of the interest, the declared person is not
criminally liable for a contravention of the order that happens on or after
the transfer of the interest.
(7) Subsections (4) to (6) have effect for each
successor in title to the transferee’s interest in the same way the
subsections had effect for the transferee.
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