New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 9.9

9.9 Removal of unauthorised structures or materials

(1) The Minister may cause any unauthorised structure or material (or part of an unauthorised structure or material) on Crown land to be removed, along with its contents.

(2) The Minister may do so by--

(a) giving a direction under this section to a person, or

(b) using government sector employees, contractors or other agents.

(3) The Minister may give a direction to any of the following persons to remove anything referred to in subsection (1) within a specified period--

(a) a person who erected the unauthorised structure or brought the unauthorised material on to the land,

(b) for 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,

(c) if it is not possible to give a direction to a person referred to in paragraph (a) or (b)--a person who has a holding over the Crown land on which the unauthorised structure or material is located.

(4) A person given a direction under this section must not contravene the direction.

: Maximum penalty--

(a) for a corporation--200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or

(b) for an individual--100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

(5) The Minister cannot use government sector employees, contractors or other agents to remove anything under this section unless--

(a) a claim notice for the structure or material was displayed or published under section 9.8 for at least one month and the Minister was not given any written claim statements under that section within that period, or

(b) a person who was given a direction under this section to remove the thing has not complied with the direction within the specified period.

(6) A person used or required to remove anything under this section is authorised to enter Crown land and remove it even if there is a holding over the land.