Nature Conservation (Protected Areas Management) Regulation 2024
sec.234Complying with direction to remove unauthorised structures or works
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sec.234 Complying with direction to remove unauthorised structures or works
This section applies if the chief executive or a conservation officer reasonably believes that a person has erected or is keeping a structure or has carried out works in a protected area in contravention of section 233 . A conservation officer may give the person a written direction to— remove the structure or works, and anything in the structure, and restore the place from which it is removed as nearly as practicable to its former state; or if the works can not be removed—stabilise or rehabilitate the works or the place where the works are situated. A person who has, without the written approval of the chief executive, constructed a walking track in a protected area may be given a written direction to rehabilitate the part of the area in which the track is constructed. A person given a direction under subsection (2) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—165 penalty units. (sec.234-ssec.1) This section applies if the chief executive or a conservation officer reasonably believes that a person has erected or is keeping a structure or has carried out works in a protected area in contravention of section 233 . (sec.234-ssec.2) A conservation officer may give the person a written direction to— remove the structure or works, and anything in the structure, and restore the place from which it is removed as nearly as practicable to its former state; or if the works can not be removed—stabilise or rehabilitate the works or the place where the works are situated. A person who has, without the written approval of the chief executive, constructed a walking track in a protected area may be given a written direction to rehabilitate the part of the area in which the track is constructed. (sec.234-ssec.3) A person given a direction under subsection (2) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—165 penalty units.
- (a) remove the structure or works, and anything in the structure, and restore the place from which it is removed as nearly as practicable to its former state; or
- (b) if the works can not be removed—stabilise or rehabilitate the works or the place where the works are situated. Example for paragraph (b) — A person who has, without the written approval of the chief executive, constructed a walking track in a protected area may be given a written direction to rehabilitate the part of the area in which the track is constructed.