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CROWN LAND MANAGEMENT (SECTION 78B LEASES) AMENDMENT ACT 2019 (NO 43 OF 2019) - SECT 8

8—Insertion of section 74A

After section 74 insert:

74A—Removal and disposal of unauthorised fixtures on Crown land

        (1)         The Minister may cause any unauthorised fixture on Crown land to be removed and disposed of in such manner as the Minister thinks fit.

        (2)         Any costs incurred by the Minister under subsection (1)

in removing and disposing of an unauthorised fixture may be recovered by the Minister as a debt from the person who erected the fixture.

        (3)         If an unauthorised fixture is on Crown land that is under the care, control and management of a Crown agency or a person other than the Minister, the Minister may only take action under this section with the consent of the Crown agency or other person.

        (4)         For the purposes of this section, it will be presumed, in the absence of evidence to the contrary, that an unauthorised fixture on Crown land was erected by the person in occupation of the land at the time the fixture was erected.

        (5)         In this section—

"unauthorised fixture" means any building, structure or other fixture on land erected without lawful authority or excuse.



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