Page:State Lands Protection Act 2022.pdf/67

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Amendment of Street Works Act 1995

44. Section 32A of the Street Works Act 1995 is amended—

(a) by deleting the word “or” at the end of subsection (1)(a);

(b) by inserting, immediately after the words “to remain on” in subsection (1)(b), the words “or to protrude over”;

(c) by deleting the comma at the end of paragraph (b) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(c) erect or cause to be erected a structure on, under or over any public street, five-footway or private footway,”;

(d) by deleting subsection (3) and substituting the following subsection:

“(3) If—

(a) any article or thing is deposited or left on, or protrudes over; or

(b) any structure is erected, placed, maintained, replaced, renewed or restored on, under or over,

any public street, five-footway or private footway in contravention of subsection (1), an authorised officer may move or remove that article, thing or structure, or cause it to be so moved or removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five-footway or private footway.”;

(e) by deleting the words “move the article or thing” in subsection (4) and substituting the words “move or remove the article, thing or structure”;

(f) by deleting paragraphs (a) and (b) of subsection (4) and substituting the following paragraphs:

“(a) the owner of the article, thing or structure, as the case may be;