South Australian Numbered Acts South Australian Numbered ActsAfter section 106 insert:
106A—Make good orders
(1) If in any
proceedings under this Act a court finds that a person has breached this Act
by undertaking a tree-damaging activity, the court may, by order, direct a
specified person to do 1 or more of the following:
(a) to
establish a tree or trees of a kind specified by the court in a place or
places specified by the court;
(b) to
remove any buildings, works or vegetation that have been erected, undertaken
or planted at or near the place where the regulated tree was situated since
the breach occurred;
(c) to
nurture, protect and maintain any tree or trees until they are fully
established or for such period as may be specified by the court, or to make a
payment or payments towards the maintenance of any tree or trees.
(2) A court acting
under subsection (1) may make any ancillary order as the court thinks
fit.
(3) A court must,
before making an order under subsection (1) directed at a person who is
not an owner or occupier of the relevant land, ensure that reasonable steps
have been taken to give notice of the relevant proceedings to an owner or
occupier of the land.
(4) If a person to
whom an order under subsection (1) applies is not an owner or occupier of
the relevant land at the time of the making of the order, the court may
authorise the person (or a person authorised by him or her)—
(a) to
enter the land with such materials and equipment as are reasonably necessary
to comply with the order; and
(b) to
enter and cross any land specified in the order with the materials and
equipment referred to in paragraph (a) for the purpose of gaining access
to the relevant land.
(5) Subject to
subsection (6), an order under this section will cease to apply with
respect to land if or when the land is sold to a genuine arms-length purchaser
for value.
(6)
Subsection (5) does not apply if the order is noted against the relevant
instrument of title or, in the case of land not under the provisions of the
Real Property Act 1886 , against the land under a scheme prescribed by
the regulations for the purposes of this subsection.
(7) A court that has
made an order under this section may, on application, vary or revoke the
order.
(8) A person who fails
to comply with an order under subsection (1) or (2) is, in addition
to any liability for contempt, guilty of an offence.
Maximum penalty: $60 000.
(9) An owner or
occupier of land, or any other person, who hinders or obstructs a person in
carrying out the requirements of an order under subsection (1) or (2) or
entering or crossing land under subsection (4) is guilty of an offence.
Maximum penalty: $15 000.