Western Australian Current Acts Western Australian Current Acts (1) In this section
—
specified means specified by the CEO in the
vegetation conservation notice concerned;
unlawful clearing means —
(a)
anything constituting a contravention of section 51C or 51J; or
(b)
anything constituting a contravention of an environmental protection covenant;
watercourse has the meaning given in Schedule 5
clause 2;
wetland has the meaning given in Schedule 5 clause
2.
(2) If the CEO
suspects on reasonable grounds —
(a) that
unlawful clearing is likely to take place on any land; or
(b) that
unlawful clearing is taking place or has taken place on any land,
the CEO may cause a
notice (a vegetation conservation notice ) to be given requiring a person
bound by it to ensure that no unlawful clearing, or no further unlawful
clearing, takes place on the land.
(3) A vegetation
conservation notice may be given to one or more of the following —
(a) the
owner of the land;
(b) the
occupier of the land;
(c) a
person other than the owner or occupier of the land, if the CEO considers that
it is practicable for that person to comply with and give effect to the
vegetation conservation notice.
(4) A vegetation
conservation notice must specify —
(a) the
name and address of the person to whom it is given; and
(b) the
reason for which it is given.
(4A) A vegetation
conservation notice given under subsection (2)(b) may require any person bound
by it —
(a) to
take, within or for the duration of a specified period, such specified
measures (the required action ) as the CEO considers necessary for one or more
of the following purposes —
(i)
to repair any damage caused by the clearing;
(ii)
to re-establish and maintain vegetation on any area
affected by the clearing to a condition as near as possible to the condition
of the vegetation before the clearing occurred;
(iii)
to prevent the erosion, drift or movement of sand, soil,
dust or water;
(iv)
to ensure that specified land, or a specified watercourse
or wetland, will not be damaged or detrimentally affected, or further damaged
or detrimentally affected, by the clearing;
and
(b) to
monitor, keep records of and report to the CEO on the required action.
(5) Before a
vegetation conservation notice containing a requirement under subsection
(4A)(a) is given to a person the CEO must, by written notice given to the
person, invite the person to make submissions to the CEO within the period
specified in the notice on any matter relevant to the determination of whether
or not the person should have to take the required action.
(6) The CEO shall
consider any such submissions that are received from the person within the
specified period.
(7) A vegetation
conservation notice —
(a)
while it subsists, binds each person to whom it is given; and
(b) if
it is, and while it remains, registered under section 66 (as applied by
subsection (9)), binds each successive owner or occupier of the land to which
it relates.
(8) Subsections (4) to
(7) of section 65 apply in relation to vegetation conservation notices as if
references in those subsections to an environmental protection notice were
references to a vegetation conservation notice.
(9) If the person, or
at least one of the persons, to whom a vegetation conservation notice is given
is the owner or occupier of the land, sections 66, 67 and 68 apply in relation
to the vegetation conservation notice as if references in those sections to an
environmental protection notice were references to a vegetation conservation
notice.
(10) If the required
action, or any of it, has not been taken, the CEO may —
(a)
cause that action to be taken; and
(b)
recover the cost of the taking of that action from any person bound by the
notice by action in a court of competent jurisdiction as a debt due to the
Crown.
(11) Any cost
recovered under subsection (10)(b) is to be paid into the Consolidated
Account.
[Section 70 inserted: No. 54 of 2003 s. 111(1);
amended: No. 77 of 2006 s. 4; No. 40 of 2020 s. 64.]