sec.108Effect of enforcement order

sec.108 Effect of enforcement order

An enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a PDA development offence; or not to start an activity that will constitute a PDA development offence; or to do anything required to stop committing a PDA development offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or to do anything about a development or use to comply with this Act. Without limiting the Planning and Environment Court’s powers, it may make an enforcement order requiring— the repairing, demolition or removal of a building; or for a PDA development offence relating to the clearing of vegetation on freehold land— rehabilitation or restoration of the area cleared; or if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size. An enforcement order must state the time by which it must be complied with. An enforcement order may be in terms the court considers appropriate to secure compliance with this Act. In this section— clearing , of vegetation— means removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but does not include lopping a tree or the destruction of standing vegetation by stock. root zone , of a tree or plant, means— the roots of the tree or plant, including any buttress roots; or the soil in or on which the roots are situated— of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and to a depth of 1m below the surface of the soil. vegetation — means a tree or plant, whether living or dead; and includes— the regrowth of a tree or plant; and the root zone of a tree or plant. s 108 amd 2019 No. 11 ss 59 , 96 (sec.108-ssec.1) An enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a PDA development offence; or not to start an activity that will constitute a PDA development offence; or to do anything required to stop committing a PDA development offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or to do anything about a development or use to comply with this Act. (sec.108-ssec.2) Without limiting the Planning and Environment Court’s powers, it may make an enforcement order requiring— the repairing, demolition or removal of a building; or for a PDA development offence relating to the clearing of vegetation on freehold land— rehabilitation or restoration of the area cleared; or if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size. (sec.108-ssec.3) An enforcement order must state the time by which it must be complied with. (sec.108-ssec.4) An enforcement order may be in terms the court considers appropriate to secure compliance with this Act. (sec.108-ssec.5) In this section— clearing , of vegetation— means removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but does not include lopping a tree or the destruction of standing vegetation by stock. root zone , of a tree or plant, means— the roots of the tree or plant, including any buttress roots; or the soil in or on which the roots are situated— of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and to a depth of 1m below the surface of the soil. vegetation — means a tree or plant, whether living or dead; and includes— the regrowth of a tree or plant; and the root zone of a tree or plant.