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.

s 28: Am 2006 No 120, Sch 2.1 [2]; 2007 No 94, Sch 2.