New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.42

5.42 Access to enclosed Crown roads and alteration of enclosure structures

(1) On the application of any person, the Minister may, by written notice given to the holder of an enclosure permit, direct the holder--

(a) to take specified action that the Minister considers necessary to provide better access to a Crown road enclosed under the permit, or

(b) to remove, modify or replace any enclosure structure (or anything attached to it).

(2) Unless the direction is revoked sooner--

(a) if no objection is made to the Minister against the direction--the direction takes effect when the period of 28 days after it is served expires, and

(b) if an objection is made to the Minister against the direction--the direction takes effect or, if varied, takes effect as varied, on the date of the Minister's decision on the objection.

(3) A holder of an enclosure permit must comply with a direction given to the holder under this section.

: Maximum penalty--

(a) for a corporation--100 penalty units, or

(b) for an individual--20 penalty units.

(4) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions--

(a) a decision of the Minister refusing to give a direction under this section on the application of the person,

(b) a decision of the Minister to give a direction under this section in respect of land for which the person has an enclosure permit.

(5) In this section--

"enclosure structure" means any fence, gate or other structure for enclosing a Crown road or Crown watercourse.