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Native Vegetation: An Update


has taken action; and

      • o

        whether the breach is ongoing.

  • Any mitigating factors, including for example:

    • o

      whether the individual had acted in accordance with DNR advice (or CMA advice in the case of the Native Vegetation Act 2003 );

      • o

        whether the individual is not culpable; and

      • o

        whether the individual is willing to co-operate and the extent to which they have already done so.

The applicability of, and weight to be given to, each of the above factors will depend on the circumstances of each particular case. Officers will make their determination on the level of significance with reference to internal policies, peer review as well as supervisor support.

After consideration of all appropriate factors alleged breaches are classified as being of low, medium and high significance in accordance with the Department's risk management framework. This classification guides the action to be taken.

In events determined to be of low significance, the following actions may be taken:

  • finalise the case (only where the degree of harm is low to very low, there are no aggravating circumstances, the public interest does not compel further action and some mitigating circumstances exist);

  • send an advisory letter to the alleged offender to assist that person to meet their duty of care in the future;

  • send a warning letter to the alleged offender to encourage that person to meet their duty of care in the future; and

  • negotiation of a corrective request.

In breaches determined to be of medium significance, the Department will focus on achieving outcomes that repair any harm that has been caused, by negotiating remediation agreements or by issuing orders. Other options available for dealing with these breaches could include one or more of the following:

  • issue of a Stop Work Order where the activity is continuing (and the landholder has been asked to stop), or there is a risk that the landholder will recommence the activity;

  • issue of a Penalty Notice in relation to the breach;

  • negotiation of a corrective request;

  • suspend any relevant license, approval or consent; and

  • debit of a water account.

In cases determined to be of high significance, the Department may use one or more of the following responses:

  • issue a Stop Work Order;

  • require remediation of the harm arising from the breach. Landholders will be given

an opportunity to comment on the intended outcomes of a notice and unless there

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