sec.173GEffect of orders

### sec.173G Effect of orders An enforcement order or an interim enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a nominated offence; or not to start an activity that will constitute a nominated offence; or to do anything required to stop committing a nominated offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or to do anything to comply with this Act. Without limiting the court’s powers, an enforcement order or an interim enforcement order may require— the repair, demolition or removal of a building; or for a relevant nominated offence— the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants. An enforcement order or an interim enforcement order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the time by which the order is to be complied with. A person must not contravene an enforcement order or an interim enforcement order. Maximum penalty—3,000 penalty units or 2 years imprisonment. In this section— relevant nominated offence means a nominated offence relating to any of the following— taking or interfering with natural or cultural resources of a protected area; taking protected wildlife, other than in a protected area; taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest. For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants). For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats). s 173G ins 2003 No. 96 s 23 amd 2013 No. 50 s 18 (sec.173G-ssec.1) An enforcement order or an interim enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a nominated offence; or not to start an activity that will constitute a nominated offence; or to do anything required to stop committing a nominated offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or to do anything to comply with this Act. (sec.173G-ssec.2) Without limiting the court’s powers, an enforcement order or an interim enforcement order may require— the repair, demolition or removal of a building; or for a relevant nominated offence— the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants. (sec.173G-ssec.3) An enforcement order or an interim enforcement order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the time by which the order is to be complied with. (sec.173G-ssec.4) A person must not contravene an enforcement order or an interim enforcement order. Maximum penalty—3,000 penalty units or 2 years imprisonment. (sec.173G-ssec.5) In this section— relevant nominated offence means a nominated offence relating to any of the following— taking or interfering with natural or cultural resources of a protected area; taking protected wildlife, other than in a protected area; taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest. For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants). For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats). - (a) to stop an activity that constitutes, or will constitute, a nominated offence; or - (b) not to start an activity that will constitute a nominated offence; or - (c) to do anything required to stop committing a nominated offence; or - (d) to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or - (e) to do anything to comply with this Act. - (a) the repair, demolition or removal of a building; or - (b) for a relevant nominated offence— (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants. - (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or - (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or - (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants. - (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or - (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or - (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants. - (a) may be in terms the court considers appropriate to secure compliance with this Act; and - (b) must state the time by which the order is to be complied with. - (a) taking or interfering with natural or cultural resources of a protected area; - (b) taking protected wildlife, other than in a protected area; - (c) taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest. - 1 For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). - 2 For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants). - 3 For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats).