New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

FORESTRY ACT 2012 - SECT 69

Removal of unauthorised structures

69 Removal of unauthorised structures

(1916 Act, s 35A)

(1) The land manager of a forestry area may cause any structure that is in the area without lawful authority to be removed, together with the contents of the structure.
(2) The land manager of a forestry area may cause to be displayed or published a notice requiring any person--
(a) who claims to have authority to erect, maintain or use a structure erected in the forestry area, or
(b) who claims any interest in the structure,
to deliver to the land manager a statement in writing signed by the person stating by what authority the person erected or is entitled to maintain or use the structure or part or by what authority the person claims any interest in the structure.
(3) Any such notice is--
(a) to be displayed on or adjacent to the structure for a period of at least 1 month, or
(b) to be published in a local newspaper or such other newspaper (if any) as the land manager determines.
(4) A person who, within 1 month after the end of the period of display or publication of the notice, fails to deliver the statement to the land manager has no claim against the land manager or any other person removing the structure or contents.
(5) A land manager may cause anything removed under this section--
(a) to be destroyed, sold or stored, or
(b) to be returned to a person considered by the manager to be its owner, or
(c) if it is stored under paragraph (a) and not returned under paragraph (b)--to be destroyed or sold.
(6) A land manager may, on condition that it be removed, sell anything that the land manager may cause to be removed under this section.
(7) A land manager may recover as a debt in a court of competent jurisdiction the expenses incurred in the removal, destruction, sale or storage of the structure or contents--
(a) from the person who erected the structure or caused it to be erected, or
(b) if a notice was displayed or published under this section in respect of the structure and it is proved that the person knew, or ought reasonably to have known, of the notice--from the person who has made use of the structure after the end of the period of 1 month after which the notice was displayed or published.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback