- (b) before the end of one year starting the date the removed material was moved or removed under subsection (1),
the Authority may compensate, out of the funds of the Authority, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Authority in storing and selling, destroying or disposing of the removed material.
Recovery of expenses for executing encroachment notice
14.—(1) All expenses reasonably incurred by the Authority in relation to the execution of any thing or work under section 13(1) in respect of State land and section 13(2) (including storing of any removed material) are recoverable from the person in default starting the date on which the thing or work is completed.
(2) The Commissioner of Lands—
- (a) may certify the expenses due under this section and the names of the persons liable for the expenses; and
- (b) may apportion the expenses among the persons named in the certificate.
(3) A copy of the certificate mentioned in subsection (2) must be given to every person named in the certificate.
(4) If any sum or any part of the sum due to the Authority under this section remains unpaid at the end of one month starting the date the certificate under subsection (3) is given, or any further period that the Authority may allow, the sum or part is deemed to be arrears.
(5) A certificate purporting to be made under subsection (2) by the Commissioner of Lands is prima facie evidence of the facts certified in the certificate and that the Commissioner of Lands had made the certificate.
(6) The Authority must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Authority, if the thing or work required to be executed by the encroachment notice has been executed to the satisfaction of the Commissioner of Lands.
