New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 9.10

9.10 Minister's powers over removed structure, materials or contents

(1) The Minister may cause anything removed under this Division--

(a) to be destroyed, sold or stored, or

(b) to be returned to a person considered by the Minister to be its owner.

(2) The Minister may, on condition that it is removed, sell anything that the Minister can cause to be removed under this Division.

(3) The Minister may recover, as a debt due to the Crown, the expenses incurred in the removal, destruction, sale or storage of anything under this Division from each appropriate debtor for the thing.

(4) An
"appropriate debtor" for anything removed, destroyed, sold or stored under this Division is--

(a) for anything that was (or was part or contents of) an unauthorised structure or material when it was erected or brought on to the land--the person who erected it or brought it on to the land or caused it to be erected or brought on to the land, or

(b) for anything that was (or was part or contents of) an unauthorised structure or material that a person used in contravention of a direction given to the person by an authorised officer under section 9.4--the person given the direction, or

(c) for anything that was (or was part or contents of) an unauthorised structure or material for which a claim notice was displayed or published under section 9.8 for at least one month--a person who used the structure or material after the notice was displayed or published and knew (or ought reasonably to have known) that the notice had been displayed or published, or

(d) for anything that was (or was part or contents of) an unauthorised structure of a kind referred to in paragraph (b) of the definition of
"unauthorised structure" in section 9.7--the person who was required to remove the structure by or under the provisions set out in that paragraph.

(5) Expenses recoverable by the Minister under this section from 2 or more appropriate debtors are recoverable from all of them jointly and each of them severally.