sec.15Effect of enforcement order requiring restoration or rehabilitation of land

sec.15 Effect of enforcement order requiring restoration or rehabilitation of land

This section applies if— the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and the declared person has an interest in the land; and the order states that this section applies to the land. The applicant must, as soon as practicable after the making of the order, give the chief executive— a notice stating that the order has been made; and a copy of the order. Maximum penalty—20 penalty units. Subsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land. To the extent the transferred interest in the land is the subject of the order, on the transfer— a reference in the order to the declared person is taken to be a reference to the transferee; and the order is taken to have been made against the transferee on the transfer of the interest; and any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee. If it is not reasonably practical for the transferee to comply with the order within the period stated in it, the transferee may apply to the court, under section 10 (1) (c) , to extend the period. To remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for a contravention of the order that happens on or after the transfer of the interest. Subsections (4) to (6) have effect for each successor in title to the transferee’s interest in the same way the subsections had effect for the transferee. (sec.15-ssec.1) This section applies if— the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and the declared person has an interest in the land; and the order states that this section applies to the land. (sec.15-ssec.2) The applicant must, as soon as practicable after the making of the order, give the chief executive— a notice stating that the order has been made; and a copy of the order. Maximum penalty—20 penalty units. (sec.15-ssec.3) Subsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land. (sec.15-ssec.4) To the extent the transferred interest in the land is the subject of the order, on the transfer— a reference in the order to the declared person is taken to be a reference to the transferee; and the order is taken to have been made against the transferee on the transfer of the interest; and any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee. (sec.15-ssec.5) If it is not reasonably practical for the transferee to comply with the order within the period stated in it, the transferee may apply to the court, under section 10 (1) (c) , to extend the period. (sec.15-ssec.6) To remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for a contravention of the order that happens on or after the transfer of the interest. (sec.15-ssec.7) Subsections (4) to (6) have effect for each successor in title to the transferee’s interest in the same way the subsections had effect for the transferee.