South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 193

193—Protection orders

        (1)         An NRM authority or a State authorised officer may issue a protection order under this Division for the purpose of securing compliance with—

            (a)         the requirements of Chapter 2 Part 2 ; or

            (b)         a requirement under section 133 or 182; or

            (ba)         the requirements of Chapter 7 Part 5A ; or

            (c)         a management agreement; or

            (d)         any other requirement imposed by or under this Act or a repealed Act and prescribed by the regulations for the purposes of this section.

        (2)         A protection order—

            (a)         must be in the form of a written notice served on the person to whom the notice is issued; and

            (b)         must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

            (c)         must state the grounds on which it is made with reasonable particularity; and

            (d)         may impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following:

                  (i)         a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an NRM authority or State authorised officer;

                  (ii)         a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;

                  (iii)         a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

                  (iv)         a requirement that the person enter into a bond in such sum and subject to such terms and conditions specified in the order, or enter into some other arrangement specified in the order (which may include payment of a sum of money into an approved account), to ensure that money is available to address the costs of any damage, or threatened damage, to specified natural resources;

                  (v)         a requirement that the person take action to prevent or minimise any damage to specified natural resources, or to control any specified activity;

                  (vi)         a requirement that the person comply with any specified code or standard prepared or published by a body or authority referred to in the notice;

                  (vii)         a requirement that the person undertake specified tests or monitoring;

                  (viii)         a requirement that the person furnish to the Minister specified results or reports;

                  (ix)         a requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and

            (e)         must state that the person may, within 21 days, appeal to the ERD Court against the order or any subsequent variation of the order.

        (3)         An authorised officer may, if of the opinion that urgent action is required for the protection of a particular natural resource, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the natural resource.

        (4)         An emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the ERD Court against the order.

        (5)         If an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.

        (6)         If an emergency protection order is issued by an authorised officer who is not a State authorised officer, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by an NRM authority or a State authorised officer and served on the relevant person.

        (7)         An NRM authority or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.

        (8)         An NRM authority or State authorised officer may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.

        (9)         A person to whom a protection order is issued must comply with the order.

Maximum penalty:

            (a)         if the order was issued in relation to a domestic activity for the purpose of securing compliance with Chapter 2 Part 2 —$ 2 500;

            (b)         in any other case—$50 000.

Expiation fee:

            (a)         if the order was issued in relation to a domestic activity for the purpose of securing compliance with Chapter 2 Part 2 in relation to a domestic activity—$250;

            (b)         in any other case—$750.

        (10)         A person must not hinder or obstruct a person complying with a protection order.

Maximum penalty: $10 000.

        (11)         A person is not obliged to provide information in response to a requirement imposed by a protection order if to do so might incriminate the person or make the person liable to a penalty (including through the taking of further action under this Act).