Western Australian Current Acts Western Australian Current Acts (1) Subject to —
(a) any
Order made pursuant to section 12A(2); and
(b)
section 12C,
a person who clears
controlled land commits an offence.
(2) A person guilty of
an offence against subsection (1) shall be liable to a fine not exceeding $2
000 and, if the Minister so requests and having regard to the recommendations
of the Minister, the court before which a person is convicted shall, unless
the court thinks that having regard to the special circumstances of the case
it would be inappropriate to do so, by order direct —
(a) that
either —
(i)
the land on which the clearing was carried out; or
(ii)
such other controlled land in the same ownership as may
be agreed between the Minister, the person convicted, and, where the person
convicted is not the owner of the land, the owner of the land,
be restored by
establishing on that land a tree cover in accordance with the order; and
(b) what
measures are to be taken for the purpose of restoring the land and the time
within which any such measure shall be taken,
and any such order
shall, subject to the registration of an appropriate memorial under
section 12BB, run with the land and may be made and have effect
notwithstanding any change in the ownership of the land subsequent to the time
the offence was committed.
(3) The court by which
an order is made under subsection (2) may, upon a subsequent application made
by any person affected by the order and with the consent of all such persons
and of the Minister, vary that order, and a reference in this Part to an order
under subsection (2) includes a reference to an order as varied under this
subsection.
[Section 12B inserted: No. 75 of 1980 s. 5;
amended: No. 63 of 1981 s. 4; No. 41 of 1984 s. 7 and 18; No. 25 of 1985 s.
89; No. 73 of 1995 s. 62; No. 38 of 2007 s. 23.]