South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) If an
NRM authority or State authorised officer is satisfied that a person has
caused harm to any natural resource by contravention of—
(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other requirement imposed by or under this Act or a repealed Act and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,
the NRM authority or State authorised officer may issue a reparation order
requiring the person—
(e)
to take specified action within a specified period to make good any resulting
damage to the natural resource; or
(f) to
make a payment or payments into an approved account to enable action to be
taken to address any resulting damage to the natural resource,
or both.
(a) must
be in the form of a written notice served on the person to whom it 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
include requirements for action to be taken to prevent or mitigate further
harm to any natural resource, or for a plan of action to be prepared to the
satisfaction of the NRM authority or State authorised officer; and
(e) may
include requirements for specified tests or monitoring; and
(f) may
include requirements for furnishing to the NRM authority or State
authorised officer specified results or reports; and
(g) may
include requirements that the person to whom it is issued 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
(h) in
the case of an order requiring payment into an approved account, may provide
that payments must occur in accordance with a scheme approved by the Minister
(either at the time of the making of the order or at a later time when the
extent or impact of any action has been assessed or finally determined); and
(i)
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 to
prevent or mitigate further harm, issue an emergency reparation order
containing requirements of a kind referred to in subsection (2)
, other than a requirement for payment into an approved account.
(4) An emergency
reparation order may be issued orally, but, in that event, the person to whom
it is issued must be advised forthwith of the person's right to appeal to the
ERD Court against the order.
(5) If an emergency
reparation order is issued orally, the authorised officer who issued it must
confirm it in writing at the earliest opportunity by written notice given to
the person to whom it applies.
(6) If an emergency
reparation 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 reparation 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
reparation 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
criminal liability 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 reparation order has been issued, vary or revoke the order.
(9) A person to whom a
reparation order is issued must comply with the order.
Maximum penalty: $50 000.
Expiation fee: $750.