61ADAMaking enforceable directions

#### 61ADA Making enforceable directions Application of this section (1) This section applies if the Minister is satisfied: (a) that a person has engaged, is engaging, or is likely to engage, in conduct that: (i) constitutes or would constitute an offence against this Act; or (ii) contravenes or would contravene a civil penalty provision; or (iii) contravenes or would contravene the duty in section 37AA to prevent or minimise harm to the environment in the Marine Park; and (b) that it would be in the public interest to make a direction under this section for either or both of the following purposes: (i) ensuring the person’s future compliance with this Act; (ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the person’s conduct. Enforceable directions (2) The Minister may, in writing, make a direction (an enforceable direction) requiring the person to take or not to take specified action for either or both of the purposes referred to in subparagraphs (1)(b)(i) and (ii). (3) A copy of the direction must be given to the person. Examples of enforceable directions (4) The following are examples of enforceable directions the Minister may make: (a) a direction that the person stop, or not start, a specified activity (whether indefinitely or for a specified period); (b) a direction that a person undertake a specified activity; (c) a direction that a person undertake a specified activity in a specified way; (d) a direction that a person prepare and comply with a plan of action, for compliance with this Act or for preventing, repairing or mitigating harm to the environment, that is satisfactory to the Minister; (e) a direction that a person arrange for monitoring or auditing of either or both of the following: (i) the person’s compliance with this Act; (ii) the effects on the environment in the Marine Park of the person’s activities; and provide the results to the Minister. Variation and revocation (5) The Minister may vary or revoke an enforceable direction: (a) in the same manner as an enforceable direction may be made; and (b) subject to the conditions that apply to the making of an enforceable direction (for this purpose, subsection (1) is not a condition); and (c) subject to the Minister being satisfied that it would be in the public interest to vary or revoke the direction; and (d) subject to the Minister being satisfied that the variation or revocation would not be inconsistent with the following purposes: (i) ensuring the person’s future compliance with this Act; (ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the conduct the person engaged in referred to in subsection (1). Enforceable directions are not legislative instruments (6) An enforceable direction is not a legislative instrument.