42Appeal to Tribunal by person aggrieved by notice served under section 41(2)

### 42 Appeal to Tribunal by person aggrieved by notice served under section 41(2) > > (1)  [*\[Section 42 Subsection (1) amended by No. 55 of 2004, s. 70, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS70@Hpa@EN) A person who is aggrieved by a notice served on him or her under [section 41](#GS41@EN) [(2)](#GS41@Gs2@EN) may, within 2 days after the date of service of that notice on him or her, appeal to the Tribunal. > > > (2)  An appeal under [subsection (1)](#GS42@Gs1@EN) shall be instituted by giving written notice to the registrar or in such other manner as may be prescribed. > > > (3)  Where an appeal is brought under this section in respect of a notice, the notice shall not take effect until the determination or abandonment of the appeal or until such other date as the Tribunal may determine. > > > (4)  At the hearing of an appeal under this section, the Tribunal may confirm, modify, or cancel the notice referred to in [section 41](#GS41@EN) [(2)](#GS41@Gs2@EN) . > > > (5)  *\[Section 42 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 \]*A person referred to in [subsection (1)](#GS42@Gs1@EN) who fails to comply with a notice as modified or confirmed by the Tribunal is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units. > > > (5A)  *\[Section 42 Subsection (5A) inserted by No. 29 of 1994, s. 25 \]*[*\[Section 42 Subsection (5A) omitted by No. 23 of 1999, s. 32, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS32@EN) .  .  .  .  .  .  .  .   > > > (6)  *\[Section 42 Subsection (6) substituted by No. 29 of 1994, s. 25 \]*Where a person referred to in [subsection (1)](#GS42@Gs1@EN) fails to comply with a notice under [section 41](#GS41@EN) [(2)](#GS41@Gs2@EN) , as modified or confirmed by the Tribunal, the chief forest practices officer may request any person to do either or both of the following: > > > > > > (a) repair the damage referred to in [section 41](#GS41@EN) [(2)](#GS41@Gs2@EN) [(b)](#GS41@Gs2@Hpb@EN) ; > > > > > > > (b) [*\[Section 42 Subsection (6) amended by No. 55 of 2004, s. 70, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS70@Hpb@EN) carry out the works or take the action specified in the notice. > > > (7)  *\[Section 42 Subsection (7) inserted by No. 29 of 1994, s. 25 \]*A person who complies with a request under [subsection (6)](#GS42@Gs6@EN) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates. > > > (8)  [*\[Section 42 Subsection (8) amended by No. 55 of 2004, s. 70, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS70@Hpc@EN) *\[Section 42 Subsection (8) inserted by No. 29 of 1994, s. 25 \]*The costs and expenses incurred by a person in repairing any damage 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)](#GS42@Gs6@EN) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.