Environmental Offsets Act 2014
sec.35Local government or chief executive may give compliance notice
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sec.35 Local government or chief executive may give compliance notice
This section applies if— a local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or the chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms. The local government or chief executive (as the case may be) may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following— start complying with the agreement; remedy the contravention of the agreement in a way stated in the notice. This section does not limit the power of an administering agency under another Act to give a notice (however described) to a person about a contravention of the other Act. (sec.35-ssec.1) This section applies if— a local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or the chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms. (sec.35-ssec.2) The local government or chief executive (as the case may be) may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following— start complying with the agreement; remedy the contravention of the agreement in a way stated in the notice. (sec.35-ssec.3) This section does not limit the power of an administering agency under another Act to give a notice (however described) to a person about a contravention of the other Act.
- (a) a local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or
- (b) the chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms.
- (a) start complying with the agreement;
- (b) remedy the contravention of the agreement in a way stated in the notice.