Economic Development (Vegetation Management) By-law 2023
sec.32Requirements for compliance notice
Start here
Get a plain-English read of sec.32
Turn the raw legal text into a practical explanation grounded in Economic Development (Vegetation Management) By-law 2023.
sec.32 Requirements for compliance notice
A compliance notice must state the following matters— that the authorised person believes the person to whom the notice is given— is contravening, or has contravened, a condition of the person’s permit; or is contravening a provision of this by-law; or has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated; if paragraph (a) (i) applies— the condition the authorised person believes is being, or has been, contravened; and the nature of the contravention; if paragraph (a) (ii) or (iii) applies— the provision the authorised person believes is being, or has been, contravened; and the nature of the contravention; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. If the compliance notice requires the person to carry out work, it must also give details of the work required. If the compliance notice requires the person to refrain from doing an act, it must also state— the period for which the requirement applies; or that the requirement applies until further notice. (sec.32-ssec.1) A compliance notice must state the following matters— that the authorised person believes the person to whom the notice is given— is contravening, or has contravened, a condition of the person’s permit; or is contravening a provision of this by-law; or has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated; if paragraph (a) (i) applies— the condition the authorised person believes is being, or has been, contravened; and the nature of the contravention; if paragraph (a) (ii) or (iii) applies— the provision the authorised person believes is being, or has been, contravened; and the nature of the contravention; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. (sec.32-ssec.2) If the compliance notice requires the person to carry out work, it must also give details of the work required. (sec.32-ssec.3) If the compliance notice requires the person to refrain from doing an act, it must also state— the period for which the requirement applies; or that the requirement applies until further notice.
- (a) that the authorised person believes the person to whom the notice is given— (i) is contravening, or has contravened, a condition of the person’s permit; or (ii) is contravening a provision of this by-law; or (iii) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated;
- (i) is contravening, or has contravened, a condition of the person’s permit; or