STATE LANDS PROTECTION
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Authority may carry out encroachment notice
13.—(1) Subject to section 15, where a person who is required by section 12(5) to comply with an encroachment notice relating to any State land, fails to do so within the compliance period and does not give the Authority an objection to that encroachment notice within the objection period, the Authority may do all or any of the following:
- (a) carry out, or cause to be carried out, all or any thing or work specified in the encroachment notice;
- (b) direct the person to deposit (within a period that the Authority may specify, being at least 7 days after the direction is given) an amount with the Authority that the Authority considers necessary for the purpose of paragraph (a).
(2) Without limiting subsection (1), an authorised officer may, with any assistance that the officer considers necessary for the purpose of exercising a power under subsection (1)(a)—
- (a) demolish or remove any structure erected on, under or over the State land, and then move or remove from the State land the structure to store at a holding yard and dispose of the resulting debris from the demolition;
- (b) move or remove from the State land any vehicle or vessel (or part thereof), any animal (dead or alive), waste or goods or any other thing (whether or not of a similar kind) by any reasonable means to store at a holding yard, including by towing the vehicle, vessel, goods or thing to a holding yard;
- (c) use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any vehicle or vessel (or part thereof), any animal (dead or alive), waste, goods, structure or other thing (whether or not of a similar kind) mentioned in paragraph (a) or (b); or
- (d) carry out any works specified in the notice in order to rectify any damage to or to otherwise restore the State land concerned.
