282IPower of Minister to make restoration order

282I Power of Minister to make restoration order

282I Power of Minister to make restoration order

(1) If the Minister is satisfied that a person has contravened this Act and, as a result of the contravention, caused damage to any fishery resource, the Minister may, by order in writing given to the person, require the person to carry out, within a period specified in the order, such actions as the Minister reasonably considers to be necessary to mitigate or rectify the damage.

(2) The Minister may make an order against a person under this section only if satisfied that the person’s contravention of this Act amounted to a serious fisheries offence.

(3) However, the Minister may make the order regardless of whether the person has been charged with, or found guilty of, having committed a serious fisheries offence.

(4) If the requirements of an order under this section are not complied with within the period specified in it, the Minister—

(a) may cause the actions specified in the order to be carried out, and

(b) may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the person against whom the order was made the reasonable costs of carrying out the actions specified in the order.

(5) A person against whom an order is made may appeal to the Local Court against the making of the order within 30 days after the order is given to the person.

(6) The Local Court may determine the appeal by confirming the order, revoking the order or revoking the order and making a new order.

s 282I: Ins 2009 No 114, Sch 1 [137]. Am 2010 No 59, Sch 2.33 [5] [7].