(1) Any person who contravenes or fails to comply with any provision of this Act shall, where no other penalty is expressly provided, be liable to a penalty not exceeding $2 000.

(2) Proceedings for offences against this Act or the regulations may be taken and disposed of summarily before justices in petty sessions.

(3) Proceedings for an offence against this Act or the regulations may be commenced at any time within 2 years after the offence was committed but not afterwards.

(4) In any proceedings for offences against this Act or the regulations in which a question arises as to whether land degradation was liable or likely to become liable to occur, or did occur, as a result of the actions of the owner or occupier of any land ¾

(a) the occupier of the land is, in the absence of evidence to the contrary, deemed to have taken the action; and

(b) the owner of the land is, unless the contrary is proved, deemed to have permitted the action to be taken.

[Section 44 amended by No. 113 of 1965 s. 8; No. 42 of 1982 s. 40; No. 20 of 1989 s. 3; No. 91 of 1990 s. 13; No. 47 of 1994 s. 24.]