78APermit holder may surrender permit

78A Permit holder may surrender permit

The holder of a permit granted under section 77 may in writing to the Secretary surrender the permit.

Part 9—General

Division 1—Enforcement

79 Secretary may do certain work

(1) The Secretary may do anything necessary to carry out a land management notice if the Secretary believes on reasonable grounds that the notice has not been complied with within the time for compliance stated in the notice.

(2) The Secretary may do anything necessary to carry out a land use condition if the Secretary believes on reasonable grounds that the land use condition has not been complied with.

(3) The Secretary may carry out land rehabilitation work required by a condition of an authority under Part 7 if the Secretary believes on reasonable grounds that the condition has not been complied with within the time stated in the authority.

(4) An authorised officer may, on behalf of the Secretary, do anything necessary—

(a) to carry out a duty imposed on the Secretary by Part 3; or

(b) to exercise a power conferred on the Secretary by subsection (1), (2) or (3) or section 72(1)(b).

S. 79(5) substituted by No. 40/2019 s. 3.

(5) The amount of any expenses necessarily incurred by the Secretary in carrying out work or any other action under subsection (1) or (2) is a debt due to the Crown and may be recovered in a court of competent jurisdiction.

S. 79(6) inserted by No. 40/2019 s. 3.

(6) Any amount that is recovered by the Secretary under subsection (5) for expenses incurred by the Secretary in relation to non‑compliance with a land management notice or a land use condition must not include any amount of compensation that has been, or is required to be, paid to the Secretary under an order made under section 79AA in relation to those expenses.

S. 79AA inserted by No. 40/2019 s. 4.

79AA Power of court to make an order for compensation to Secretary for expenses under section 79

(1) If a court finds a person guilty of an offence under section 35(1) or 41(1), the Secretary may make, or cause an application to be made, to the court for an order that the person pay for expenses necessarily incurred by the Secretary in carrying out work or any other action under section 79(1) or (2) (as the case requires) because of the commission of the offence.

(2) The court may, on receiving an application under subsection (1) in relation to a person and if satisfied that the Secretary has incurred the expenses referred to in that subsection, make an order that the person pay to the Secretary an amount of compensation that the court thinks fit for the expenses incurred by the Secretary.