New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 9.11

9.11 Removal of trespassers from Crown land

(1) An authorised officer may apply to the Local Court for an order (a
"trespasser order" ) authorising the officer to deal with a person as a trespasser of specified Crown land.

Note--: Part 4 of the Local Court Act 2007 applies to proceedings under this section. See section 44 of that Act.

(2) The Local Court may make a trespasser order against a person if the Court is satisfied that the person is unlawfully occupying or using the Crown land (including if the person claims that the occupation or use is authorised under a holding that has expired or been forfeited).

(3) A trespasser order must specify--

(a) the person against whom it is made, and

(b) the Crown land to which it applies, and

(c) the date on which the order takes effect, and

(d) the authorised officer authorised to deal with the person as a trespasser of the Crown land.

(4) If the Local Court makes a trespasser order against a person in relation to Crown land, the order authorises the authorised officer named by the order to enter the land and do any or all of the following--

(a) remove the person from it,

(b) remove any structures or goods from the land that were erected or brought on to the land by the person,

(c) take possession of the land on behalf of the Crown.

(5) Without limiting section 10.15, a person may be removed from Crown land under subsection (4) by an authorised officer with the aid of any other authorised officers or police officers as the authorised officer considers necessary and with the use of reasonable force.