Victorian Current Acts

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FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 62D

Enforcement of enforceable undertaking

    (1)     If the Secretary considers that a person who gave an enforceable undertaking has failed to comply with a term of the enforceable undertaking, the Secretary may apply to the Magistrates' Court for an order under subsection (2).

    (2)     If the Magistrates' Court is satisfied that the person has failed to comply with a term of the enforceable undertaking, the Magistrates' Court may make any one or more of the following orders—

        (a)     an order directing the person to comply with the term of the enforceable undertaking;

        (b)     an order that the person take any specified action for the purpose of complying with the term of the enforceable undertaking;

        (c)     an order that directs the person to compensate another person for any reasonable costs incurred in taking any action to prevent, minimise or remedy the harm caused by the failure to comply with the term of the enforceable undertaking;

        (d)     an order that directs the person to take any specified action to prevent, minimise or remedy any damage to the environment that has been, or is likely to be caused by, the failure to comply with the term of the enforceable undertaking;

        (e)     any other order that the Magistrates' Court considers appropriate in the circumstances.

S. 62E inserted by No. 28/2019 s. 37.



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