PART 3FELLING OF TREES
Enforcement of felling licence conditions and restocking notice
I125Appeal against enforcement notice
1
A person to whom an enforcement notice is given in relation to a felling licence may appeal against the enforcement notice to a person appointed under section 26 on the grounds—
a
that the conditions of the licence have been complied with; or
b
that the steps required by the enforcement notice to be taken are not required for compliance with the conditions of the licence.
2
A person to whom an enforcement notice is given in relation to a restocking notice may appeal against the enforcement notice to a person appointed under section 26 on the grounds—
a
that the restocking notice has been complied with; or
b
that the steps required by the enforcement notice to be taken are not required by the restocking notice.
3
An enforcement notice shall be inoperative—
a
until the expiration of the period for bringing an appeal under this section; and
b
where an appeal is brought under this section, until the conclusion of any proceedings under this section on that appeal.
4
On an appeal under this section the person appointed under section 26 may—
a
confirm the enforcement notice, or
b
direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.
5
It is the duty of the Department to give effect to any direction under subsection (4)(b).