41Failure to comply with provisions of certified forest practices plan or Act

### 41 Failure to comply with provisions of certified forest practices plan or Act > > (1)  [*\[Section 41 Subsection (1) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpa@EN) [*\[Section 41 Subsection (1) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpa@EN) [*\[Section 41 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS4@JT@tr@oc5@EN) [*\[Section 41 Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS2@JT@tr@oc14@EN) [*\[Section 41 Subsection (1) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpb@EN) [*\[Section 41 Subsection (1) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpa@EN) Where in the opinion of a forest practices officer the provisions of a certified forest practices plan are not being complied with on any land to which the plan relates or the provisions of this Act have not been complied with, he or she may, either orally or in writing, request the person apparently in charge of the forest practices carried out on that land to do any one or more of the following: > > > > > > (a) [*\[Section 41 Subsection (1) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpb@EN) comply with the provisions of the certified forest practices plan or the provisions of this Act, as the case may be; > > > > > > > (b) [*\[Section 41 Subsection (1) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpb@EN) take action, in accordance with the Forest Practices Code or as directed by the chief forest practices officer, so as to – > > > > > > > > > > (i) repair or make good any damage to land, vegetation, or objects, that, in the reasonable opinion of the officer, has been caused by the forest practices specified in the request; or > > > > > > > > > > > (ii) rehabilitate or revegetate any land that, in the reasonable opinion of the officer, has been, or on which, in the reasonable opinion of the officer, the vegetation has been, damaged, degraded, or altered, by the forest practices specified in the request. > > > (1A)  [*\[Section 41 Subsection (1A) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpb@EN) [*\[Section 41 Subsection (1A) inserted by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpc@EN) The request, if it is in respect of the provisions of a certified forest practices plan, may be made – > > > > > > (a) [*\[Section 41 Subsection (1A) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpc@EN) at any time while the plan is in force; or > > > > > > > (b) [*\[Section 41 Subsection (1A) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpd@EN) at any time in the 12-month period immediately after the day on which the plan ceases to be in force. > > > (2)  [*\[Section 41 Subsection (2) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpd@EN) [*\[Section 41 Subsection (2) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpc@EN) [*\[Section 41 Subsection (2) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpd@EN) [*\[Section 41 Subsection (2) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpe@EN) [*\[Section 41 Subsection (2) substituted by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpe@EN) If the forest practices officer who makes the request, another forest practices officer, or the chief forest practices officer, later considers (whether from a further inspection of the relevant land or from other evidence) that the request has not been complied with within a reasonable time, he or she may, by notice served on the person apparently in charge of the forest practices carried out on that land, direct that person to do such one or more of the following as may be appropriate in the circumstances: > > > > > > (a) cease the forest practices specified in the notice; > > > > > > > (b) [*\[Section 41 Subsection (2) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpe@EN) where there is a certified forest practices plan in relation to the forest practices on the land and in the reasonable opinion of the officer it is practicable and economically feasible to do so – > > > > > > > > > > (i) repair or make good, in the manner and within the period specified in the notice, any damage to land, vegetation, or objects, that, in the reasonable opinion of the officer, has been caused by the forest practices specified in the notice; or > > > > > > > > > > > (ii) rehabilitate or revegetate, in the manner and within the period specified in the notice, any land that has been, in the reasonable opinion of the officer, or on which the vegetation has been, in the reasonable opinion of the officer, damaged, degraded, or altered, by the forest practices specified in the notice; > > > > > > > (ba) [*\[Section 41 Subsection (2) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpe@EN) if there is no certified forest practices plan in relation to the forest practices on the land and, in the reasonable opinion of the officer it is practicable and economically feasible to do so – > > > > > > > > > > (i) within the period specified in the notice, repair or make good, in accordance with the Forest Practices Code or as directed by the chief forest practices officer, any damage to land, vegetation, or objects, caused, in the reasonable opinion of the officer, in contravention of this Act, by the forest practices specified in the notice; or > > > > > > > > > > > (ii) within the period specified in the notice, rehabilitate or revegetate, in accordance with the Forest Practices Code or as directed by the chief forest practices officer, any land that has been, in the reasonable opinion of the officer, or on which the vegetation has been, in the reasonable opinion of the officer, damaged, degraded, or altered, by the forest practices specified in the notice; > > > > > > > (c) carry out, within the period specified in the notice, such other work as may be specified in the notice; > > > > > > > (d) take, within the period specified in the notice, such actions as may be specified in the notice to ensure that the provisions of this Act are complied with. > > > (3)  A notice under [subsection (2)](#GS41@Gs2@EN) shall, subject to [section 42](#GS42@EN) [(3)](#GS42@Gs3@EN) , take effect on such date as is specified in the notice, being a date not earlier than 2 days after the service of the notice on the person apparently in charge of the forest practices. > > > (4)  A person who is served with a notice under [subsection (2)](#GS41@Gs2@EN) and who has not appealed to the Tribunal in respect of the notice pursuant to [section 42](#GS42@EN) [(1)](#GS42@Gs1@EN) shall comply with the directions contained in the notice in the manner and within the period specified in the notice. > > > (5)  *\[Section 41 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 \]*A person referred to in [subsection (4)](#GS41@Gs4@EN) who fails to comply with the directions contained in a notice under [subsection (2)](#GS41@Gs2@EN) in the manner and within the period specified in the notice is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units. > > > (5A)  *\[Section 41 Subsection (5A) inserted by No. 29 of 1994, s. 24 \]*[*\[Section 41 Subsection (5A) omitted by No. 23 of 1999, s. 31, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS31@Hpf@EN) .  .  .  .  .  .  .  .   > > > (6)  *\[Section 41 Subsection (6) substituted by No. 29 of 1994, s. 24 \]*Where a person referred to in [subsection (4)](#GS41@Gs4@EN) fails to comply with a notice under [subsection (2)](#GS41@Gs2@EN) in the manner and within the period specified in the notice, the chief forest practices officer may request any person to do either or both of the following: > > > > > > (a) [*\[Section 41 Subsection (6) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpg@EN) [*\[Section 41 Subsection (6) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpf@EN) repair or make good the damage referred to in [subsection (2)](#GS41@Gs2@EN) [(b)](#GS41@Gs2@Hpb@EN) or rehabilitate or revegetate the land to which the notice relates; > > > > > > > (b) [*\[Section 41 Subsection (6) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpf@EN) carry out the works or take the action specified in the notice. > > > (7)  *\[Section 41 Subsection (7) inserted by No. 29 of 1994, s. 24 \]*A person who complies with a request under [subsection (6)](#GS41@Gs6@EN) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates. > > > (8)  [*\[Section 41 Subsection (8) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hpi@EN) [*\[Section 41 Subsection (8) amended by No. 25 of 2019, s. 26, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS26@Hph@EN) [*\[Section 41 Subsection (8) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS69@Hpg@EN) *\[Section 41 Subsection (8) inserted by No. 29 of 1994, s. 24 \]*The costs and expenses incurred by a person in repairing or making good any damage, revegetating or rehabilitating any land, or carrying out any work or taking any action in compliance with a request made to that person by the chief forest practices officer under [subsection (6)](#GS41@Gs6@EN) may be recovered in a court of competent jurisdiction as a debt due to that person, or the Authority, from the person who failed to comply with the notice referred to in that subsection.