28Failure to comply with access order

#### 28 Failure to comply with access order 28 Failure to comply with access order > > (1) A person: > > > > > (a) to whom an access order is granted or who obtains access to land under an access order, or > > > > > (b) who is required to give access to land under an access order, > > > > must not fail to comply with a condition or requirement of an access order that is applicable to the person. > > > > Maximum penalty: 5 penalty units. > > > (2) It is a defence in any proceedings for an offence under this section if the other party to the access order affected by the failure to comply with a condition or requirement of the order consented to the failure to comply. > > > (3) In addition to any other remedy, the Local Court may make an order for payment of damages by a party to the proceedings who fails to comply with a condition or requirement of an access order or of Division 2 as applied to that order. > > > (4) Any such order is enforceable as if it were a judgment for that amount by the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > **s 28:** Am 2006 No 120, Sch 2.1 \[2\]; 2007 No 94, Sch 2.