QLDIn ForceAct
Vegetation Management Act 1999
sec.68CC-oc.2Chief executive may accept enforceable undertakings
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### sec.68CC-oc.2 Chief executive may accept enforceable undertakings
The chief executive may accept a written undertaking (an enforceable undertaking ) made by a person in relation to a contravention or alleged contravention by the person of this Act or the Planning Act to the extent that Act relates to the clearing of vegetation.
An enforceable undertaking must be in the approved form.
The chief executive must give the person written notice of—
the chief executive’s decision to accept or reject the enforceable undertaking; and
the reasons for the decision.
The chief executive must not accept the enforceable undertaking unless the chief executive reasonably believes the undertaking will—
secure compliance with this Act or the Planning Act ; or
advance the purpose of this Act.
If the chief executive decides to accept the enforceable undertaking, the chief executive must publish the details of the undertaking the chief executive considers appropriate on the department’s website.
The chief executive may accept an enforceable undertaking in relation to a contravention or alleged contravention at any time before any proceedings in relation to the contravention end.
If the chief executive accepts an enforceable undertaking after proceedings in relation to the contravention have started, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.
s 68CC ins 2018 No. 7 s 35
(sec.68CC-oc.2-ssec.1) The chief executive may accept a written undertaking (an enforceable undertaking ) made by a person in relation to a contravention or alleged contravention by the person of this Act or the Planning Act to the extent that Act relates to the clearing of vegetation.
(sec.68CC-oc.2-ssec.2) An enforceable undertaking must be in the approved form.
(sec.68CC-oc.2-ssec.3) The chief executive must give the person written notice of— the chief executive’s decision to accept or reject the enforceable undertaking; and the reasons for the decision.
(sec.68CC-oc.2-ssec.4) The chief executive must not accept the enforceable undertaking unless the chief executive reasonably believes the undertaking will— secure compliance with this Act or the Planning Act ; or advance the purpose of this Act.
(sec.68CC-oc.2-ssec.5) If the chief executive decides to accept the enforceable undertaking, the chief executive must publish the details of the undertaking the chief executive considers appropriate on the department’s website.
(sec.68CC-oc.2-ssec.6) The chief executive may accept an enforceable undertaking in relation to a contravention or alleged contravention at any time before any proceedings in relation to the contravention end.
(sec.68CC-oc.2-ssec.7) If the chief executive accepts an enforceable undertaking after proceedings in relation to the contravention have started, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.
- (a) the chief executive’s decision to accept or reject the enforceable undertaking; and
- (b) the reasons for the decision.
- (a) secure compliance with this Act or the Planning Act ; or
- (b) advance the purpose of this Act.