(1) A person
responsible for work must ensure that a temporary or permanent protection
structure is not placed beyond the boundaries of the works land —
(a)
unless each owner of the land into or onto which the protection structure is
placed consents to the protection structure being so placed and the protection
structure is placed in accordance with the consent; or
(b)
unless the protection structure is placed in accordance with an order under
section 86(2)(c) or a building order; or
(c)
unless the protection structure is required as a matter of urgency to prevent
imminent collapse of, or damage to, any land including a building or structure
on the land; or
(d)
except in prescribed circumstances.
Penalty: a fine of $25 000.
(2) A person
responsible for work must ensure that, as soon as practicable after the
placement of a temporary or permanent protection structure under subsection
(1)(c), notice of the placement and the reason for it is given to each owner
of the land into or onto which the protection structure is placed.
Penalty: a fine of $10 000.
(3) A person
responsible for work must ensure that, as soon as practicable after the
placement of a permanent protection structure under subsection (1)(c), notice
of the placement and the reason for it is given to the permit authority for
the protection structure.
Penalty: a fine of $10 000.
[Section 78 amended: No. 37 of 2012 s. 19.]