Forest Practices Act 1985
41Failure to comply with provisions of certified forest practices plan or Act
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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] [Section 41 Subsection (1) amended by No. 55 of 2004, s. 69, Applied:01 Jul 2005] [Section 41 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] [Section 41 Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 41 Subsection (1) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999] [Section 41 Subsection (1) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999] 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] 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] 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.