107Enforceable undertakings

107 Enforceable undertakings (a) the Minister believes on reasonable grounds that the holder of an authority— (i) has contravened or is likely to contravene this Act or the regulations; or (ii) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (iii) has not complied with any condition applying to the carrying out of the work plan under the authority; or (iv) has undertaken work on land otherwise than in accordance with the work plan under the authority; and (b) the Minister considers that, having regard to the criteria specified in guidelines made under section 120A, an undertaking under this section is an appropriate enforcement mechanism. (2) If this section applies, the Minister and the holder of the authority may enter into a written undertaking. (3) The holder of an authority may with the consent of the Minister withdraw or vary an undertaking. (4) While an undertaking is in force in respect of a contravention or other thing that is an offence, proceedings may not be brought for an offence constituted by the contravention or other thing. (5) If the holder of an authority withdraws an undertaking in respect of a contravention or other thing that is an offence before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or other thing. (6) If the holder of an authority complies with the requirements of an undertaking in respect of a contravention or other thing that is an offence, no further proceedings may be brought for an offence constituted by the contravention or other thing. (7) The Minister may publish an undertaking in any manner the Minister considers appropriate. S. 108 repealed by No. 25/2008 s. 16(1), new s. 108 inserted by No. 68/2014 s. 56.