sec.214Minister’s power to give remedial action notice

### sec.214 Minister’s power to give remedial action notice The Minister may give a lessee or licensee a notice (a remedial action notice ) to take stated remedial action, within the reasonable time stated in the notice, if— a ground for giving the notice exists; and section 214A has been complied with. For subsection (1) (a) a ground for giving the notice is that— the Minister is satisfied the lessee or licensee is— using the lease land or licence land— in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or in a way that is likely to cause, or that has caused, land degradation; or breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease. in contravention of a provision of this Act in relation to the lease or licence; or the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable. If the notice relates to a lease and is given on the ground the Minister is satisfied the lessee has breached a condition of the lease applying under section 199B , the remedial action may require the lessee to— for the breach of a condition applying under section 199B (a) —carry out repairs to bring a stated building or another structure into a good and substantial state of repair; or for the breach of a condition applying under section 199B (b) (i) or (ii) —remove or demolish a stated building or another structure. If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions. The lessee or licensee must be given a notice of the decision to give the remedial action notice and the reasons for the decision. s 214 amd 1999 No. 90 s 87 ; 2000 No. 2 s 18 sub 2007 No. 19 s 113 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 7 s 182 (sec.214-ssec.1) The Minister may give a lessee or licensee a notice (a remedial action notice ) to take stated remedial action, within the reasonable time stated in the notice, if— a ground for giving the notice exists; and section 214A has been complied with. (sec.214-ssec.2) For subsection (1) (a) a ground for giving the notice is that— the Minister is satisfied the lessee or licensee is— using the lease land or licence land— in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or in a way that is likely to cause, or that has caused, land degradation; or breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease. in contravention of a provision of this Act in relation to the lease or licence; or the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable. (sec.214-ssec.3) If the notice relates to a lease and is given on the ground the Minister is satisfied the lessee has breached a condition of the lease applying under section 199B , the remedial action may require the lessee to— for the breach of a condition applying under section 199B (a) —carry out repairs to bring a stated building or another structure into a good and substantial state of repair; or for the breach of a condition applying under section 199B (b) (i) or (ii) —remove or demolish a stated building or another structure. (sec.214-ssec.4) If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions. (sec.214-ssec.5) The lessee or licensee must be given a notice of the decision to give the remedial action notice and the reasons for the decision. - (a) a ground for giving the notice exists; and - (b) section 214A has been complied with. - (a) the Minister is satisfied the lessee or licensee is— (i) using the lease land or licence land— (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or (B) in a way that is likely to cause, or that has caused, land degradation; or (ii) breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or Note— A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease. (iii) in contravention of a provision of this Act in relation to the lease or licence; or - (i) using the lease land or licence land— (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or (B) in a way that is likely to cause, or that has caused, land degradation; or - (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or - (B) in a way that is likely to cause, or that has caused, land degradation; or - (ii) breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or Note— A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease. - (iii) in contravention of a provision of this Act in relation to the lease or licence; or - (b) the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable. - (i) using the lease land or licence land— (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or (B) in a way that is likely to cause, or that has caused, land degradation; or - (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or - (B) in a way that is likely to cause, or that has caused, land degradation; or - (ii) breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or Note— A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease. - (iii) in contravention of a provision of this Act in relation to the lease or licence; or - (A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or - (B) in a way that is likely to cause, or that has caused, land degradation; or - (a) for the breach of a condition applying under section 199B (a) —carry out repairs to bring a stated building or another structure into a good and substantial state of repair; or - (b) for the breach of a condition applying under section 199B (b) (i) or (ii) —remove or demolish a stated building or another structure.