58
NO. 42 OF 2022
- (5) Subsection (2)(a) does not apply if the premises in question is unoccupied at the time of entry.”.
(4) Section 46 of the Parks and Trees Act 2005 is amended—
- (a) by inserting, immediately after sub-paragraph (ii) of subsection (1)(a), the following sub-paragraph:
- “(iia) a notice under section 42A(1);”; and
- (b) by deleting subsection (4) and substituting the following subsection:
- “(4) If any notice or condition of approval mentioned in subsection (1) is not complied with to the satisfaction of the Commissioner, the Commissioner may at any time enter the premises concerned and carry out or cause to be carried out any works, activities or steps which are in the Commissioner’s opinion necessary to secure compliance with the notice or condition of approval (as the case may be), including all or any of the following:
- (a) cut or remove any tree;
- (b) alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building erected, and removing to and detaining it and any resulting debris at a holding yard or other place;
- (c) remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place;
- (d) using reasonable force, including cutting or breaking open any lock, seal, fastener or other device.”.
- “(4) If any notice or condition of approval mentioned in subsection (1) is not complied with to the satisfaction of the Commissioner, the Commissioner may at any time enter the premises concerned and carry out or cause to be carried out any works, activities or steps which are in the Commissioner’s opinion necessary to secure compliance with the notice or condition of approval (as the case may be), including all or any of the following:
(5) The Parks and Trees Act 2005 is amended by inserting, immediately after section 46, the following section: