20517 App M.pdf [As Published] · 132007.1259

Property vegetation management plan notice provisions

33.(1) This section applies if the chief executive officer is of the opinion that—

(a)

(b)

)

@)

(e)

a person has committed an offence against this local law; and

there is sufficient evidence to support the allegation of the offence; and

as soon as reasonably practicable after the circumstances giving rise to the offence
occurred, the person notified particulars of the circumstances to the chief executive
officer; and

after the circumstances giving rise to the offence, the person took all reasonable and
practicable steps to minimise and remedy any adverse environmental effects; and
the person submitted a property vegetation management plan to the local

government for approval.

(2) The chief executive officer may by written notice issue a property vegetation management

plan notice, advising the person that no action will be taken with respect to the offence

provided that—

(a)
(b)

the property vegetation management plan is approved by the local government; and

the person complies with the approved property vegetation management plan.

Powers of court of conviction of an offence

34, If, in a proceeding for an offence against this local law the court finds the defendant

guilty, the court may order the defendant to pay to the local government—

(a)

(b)
(c)

(d)

the local government's reasonable costs and expenses in taking action to remedy
the damage or restore the vegetation; and

the value of the vegetation damaged; and

the fine; and

legal costs and the expenses of the prosecution.

PART 5—REVIEW

Reviewable decisions

35. A decision of the local government or an authorised person under this local law is

reviewable (a “reviewable decision”) unless it is—

(a)

a decision made by resolution of the local government; or