sec.225Notice to owner of land to remove vegetation etc.

### sec.225 Notice to owner of land to remove vegetation etc. This section applies if— there is vegetation, litter, refuse or other matter on any land; and it appears to the chief executive that— the vegetation, litter, refuse or matter— has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. This section also applies if— there is vegetation, litter, refuse or other matter in a watercourse or lake; and the circumstances of the vegetation, litter, refuse or matter in the watercourse or lake correspond to the circumstances under subsection (1) (b) in relation to vegetation, litter, refuse or matter; and the watercourse or lake is on land or forms a boundary or part of a boundary of land. The chief executive may give notice to the owner of the land requiring the owner to take the reasonable action stated in the notice within the reasonable time and in the way, if any, stated in the notice. However, in relation to a watercourse forming a boundary, or part of a boundary, of the owner’s land, the notice must not require the owner to take action beyond the centre-line of the watercourse. The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—1,665 penalty units. For sections 783 and 851 , the notice is taken to be a compliance notice. In this section— vegetation includes non-native vegetation of any kind. s 225 amd 2003 No. 25 s 81 sub 2014 No. 64 ss 67 (1) , 68 (sec.225-ssec.1) This section applies if— there is vegetation, litter, refuse or other matter on any land; and it appears to the chief executive that— the vegetation, litter, refuse or matter— has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. (sec.225-ssec.2) This section also applies if— there is vegetation, litter, refuse or other matter in a watercourse or lake; and the circumstances of the vegetation, litter, refuse or matter in the watercourse or lake correspond to the circumstances under subsection (1) (b) in relation to vegetation, litter, refuse or matter; and the watercourse or lake is on land or forms a boundary or part of a boundary of land. (sec.225-ssec.3) The chief executive may give notice to the owner of the land requiring the owner to take the reasonable action stated in the notice within the reasonable time and in the way, if any, stated in the notice. (sec.225-ssec.4) However, in relation to a watercourse forming a boundary, or part of a boundary, of the owner’s land, the notice must not require the owner to take action beyond the centre-line of the watercourse. (sec.225-ssec.5) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—1,665 penalty units. (sec.225-ssec.6) For sections 783 and 851 , the notice is taken to be a compliance notice. (sec.225-ssec.7) In this section— vegetation includes non-native vegetation of any kind. - (a) there is vegetation, litter, refuse or other matter on any land; and - (b) it appears to the chief executive that— (i) the vegetation, litter, refuse or matter— (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and (ii) action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. - (i) the vegetation, litter, refuse or matter— (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and - (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or - (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or - (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and - (ii) action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. - (i) the vegetation, litter, refuse or matter— (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and - (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or - (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or - (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and - (ii) action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. - (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or - (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or - (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and - (a) there is vegetation, litter, refuse or other matter in a watercourse or lake; and - (b) the circumstances of the vegetation, litter, refuse or matter in the watercourse or lake correspond to the circumstances under subsection (1) (b) in relation to vegetation, litter, refuse or matter; and - (c) the watercourse or lake is on land or forms a boundary or part of a boundary of land.