18Direction to carry out works or measures

#### 18 Direction to carry out works or measures 18 Direction to carry out works or measures > > (1) Where the owner, occupier or mortgagee of any land within an area of erosion hazard: > > > > > (a) has neglected or refused to enter into any agreement under this Act to ensure the carrying into effect of a project instituted in respect of that area in so far as such project relates to that land, or > > > > > (b) has failed to carry out any covenant, condition or provision of any agreement entered into by the owner, occupier or mortgagee as aforesaid, > > > > the Minister may authorise the Commissioner to give to such owner, occupier or mortgagee a notice under this section. > > > (2) A notice given under subsection (1) may direct the person to whom it is given to do any one or more of the following, that is to say: > > > > > (a) to carry out on the land to which the notice relates the remedial works or measures which the Commissioner considers should be carried out upon such land and to complete such works or measures to the satisfaction of the Commissioner within the time specified in the notice, > > > > > (b) to adopt in respect of the land to which the notice relates during the period specified in the notice the methods and practices of land utilisation or land management specified therein, > > > > > (c) to limit during the period specified in the notice the livestock which the person shall from time to time carry on the land to which the notice relates or any specified part thereof to such total number of livestock or the numbers of livestock of specified classes as shall be specified in the notice. > > > (3) (Repealed) > > > (4) Any period specified in a notice given under subsection (1) shall not exceed ten years. > > > (5) The requirements of any such notice in relation to the matters referred to in subsection (2) (b) and (c) may vary according to different times of the year. > > > (6) Any notice given under subsection (1) may be revoked, varied or amended by like notice. > > > (7) Any owner, occupier or mortgagee to whom notice has been given under this section may within twenty-eight days after service upon the owner, occupier or mortgagee of such notice lodge with the Minister an objection in writing thereto specifying the grounds of objection. > > > (8) Upon receipt of an objection, the Minister: > > > > > (a) shall consider the objection, > > > > > (b) may decide the objection by dismissing it or by varying or revoking the notice, and > > > > > (c) shall advise the objector personally or by post of the decision. > > > (9) The objector may within 21 days of the decision of the Minister appeal against the decision to the Land and Environment Court (which shall have jurisdiction to hear and determine the appeal) and the decision of the Court on the appeal shall be final. > > > (10) Any notice given under this section, or if such notice is varied by the Minister or the Court, the notice as so varied, shall be published in the Gazette and upon publication shall take effect and shall during the currency thereof bind the owners, occupiers or mortgagees of the land to which it relates. > > > (11) Any direction in respect of any matter referred to in subsection (2) (b) and (c) may be renewed by the Commissioner from time to time. Notice in writing of such renewal shall be given to the owner, occupier or mortgagee of the land to which the direction relates within a reasonable time before the expiration of the period for which such direction applies. > > > > The provisions of subsections (6), (7), (8), (9) and (10) shall apply, mutatis mutandis, to and in respect of any notice given under this subsection. > > > > Where a direction is proposed to be renewed such direction shall, notwithstanding any provisions of this section, remain in force until the notice renewing such direction is published in the Gazette or otherwise disposed of. > > > (12) Any person who during the currency of any notice published in the Gazette under subsection (10) or (11) fails to comply with any direction contained in such notice shall be guilty of an offence and shall be liable to a penalty not exceeding 500 penalty units. > > > (13) If any owner, occupier or mortgagee of land to which a notice published in the Gazette under subsection (10) or (11) applies fails to carry out on such land the remedial works or measures specified in such notice in accordance with the requirements thereof the Minister may authorise the Commissioner to enter upon such land and execute such works and measures and the Minister may recover the costs incurred from the owner, occupier or mortgagee of such land in any court of competent jurisdiction as a debt due to the Crown and until such repayment such cost shall be a charge on the land. > > > (14) No person shall be entitled to claim or be paid any compensation whatsoever by reason of or in any way arising out of a direction given or of powers exercised in pursuance of this section. > > **s 18:** Am 1949 No 8, sec 17 (1) (c). Subst 1952 No 27, sec 2 (d). Am 1978 No 128, Schs 3 (2), 4 (8), 5 (9); 1985 No 201, Schs 2 (2), 5 (2); 1989 No 236, Sch 2 (4).