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NATURE CONSERVATION ACT 1992 - SECT 173D
Proceeding for enforcement orders
(1) A person may bring a proceeding in the court— (a) for an order to remedy
or restrain the commission of a nominated offence (an
"enforcement order" ); or
(b) if the person has brought a proceeding under
this section for an enforcement order and the court has not decided the
proceeding—for an order under section 173E (an
"interim enforcement order" ); or
(c) for an order to cancel or change an
enforcement order or interim enforcement order.
(2) The person may bring a
proceeding for an enforcement order whether or not any right of the person has
been, or may be, infringed by, or because of, the commission of the offence.
(3) If the chief executive is not a party to a proceeding for an
enforcement order, the person must, within 7 days after the person starts the
proceeding, give the chief executive written notice of the proceeding.
Penalty— Maximum penalty—20 penalty units.
(4) The Minister or the
chief executive may choose to be a party to the proceeding by filing in the
court a notice of election in the form approved by the chief executive.
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