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20517 App M.pdf [As Published] · 132007.1259

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(b) _ the notice may require the person to undertake—
(@) specified action over a period stated in the notice to nurture the vegetation;
and
Gi) if the vegetation fails to germinate or thrive, further action as directed by an
authorised person; and
(iii) other measures including but not limited to crosion and sediment control.
(5) A person must comply with a reinstatement notice unless the person has a reasonable
excuse for not complying with it.

Maximum penalty—S0 penalty units.

The local government’s power to have work carried out and recover the costs

24. (1) If the person does not comply with a compliance notice or a reinstatement notice,
the local government may take action on any freehold land that the local government
considers reasonably necessary to ensure that the matters mentioned in the notice are
achieved.

(2) To enable action to be taken under subsection (1), the local government may authorise
persons, with or without vehicles, machinery, plant and equipment to enter and stay on any
freehold land.

(3) The local government’s costs of undertaking the work, as certified by the chief
executive officer and including the labour cost of the local government as the chief executive

: ») determines—

(a) are recoverable via the rates from the person to whom the notice was given; and
(b) if the notice was given to the owner or occupier of the land to which the notice
relates, are taken to be costs mentioned in section 1067 (Cost of work recoverable
as arate) of Local Government Act 1993.
(4) The procedure for recovery of costs in this section is in addition to and not in
derogation of any right to costs or compensation available under any other law.
(5) A certificate signed by the chief executive officer and stating any of the following
matters is evidence of—
(a) the carrying out of work by local government;
(b) _ the cost of the work;

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