§ 12 — Encroachment notice

12.—(1) If an authorised officer has reasonable cause to believe that a person is committing an offence under section 5 on any State land, the authorised officer may give the person an encroachment notice relating to the State land.(2) An encroachment notice relating to any State land may direct the person to whom it is given, to do all or any of the following as is specified in the notice:(a)

to leave the State land;

(b)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c)

to 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;

(d)

to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind;

(e)

to do, or to refrain from doing, any works that are specified in the encroachment notice in order —(i)

to rectify any damage to the State land as a result of; or

(ii)

to restore the State land to its state before,

any unlawful activity mentioned in section 5 done by the person, or caused or allowed by the person.

(3) An encroachment notice relating to any State land must state —(a)

the period —(i)

within which the person must comply with the encroachment notice (called in this Act the compliance period); and

(ii)

within which the person may give an objection if the person objects to and does not wish to comply with the encroachment notice (called in this Act the objection period);

(b)

that any thing or works required to be done must be carried out with due diligence to the satisfaction of the Commissioner of Lands; and

(c)

that failure to comply with the encroachment notice is an offence and may result in proceedings under this Act being taken against the person unless an objection is given in accordance with this Act.

(4) The objection period for an encroachment notice must not be longer than the compliance period for that encroachment notice.

(5) A person who —(a)

is given an encroachment notice; and

(b)

does not give an objection within the objection period for the encroachment notice,

must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the encroachment notice within the compliance period for that notice.

(6) A person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

—(1) If an authorised officer has reasonable cause to believe that a person is committing an offence under section 5 on any State land, the authorised officer may give the person an encroachment notice relating to the State land.

(2) An encroachment notice relating to any State land may direct the person to whom it is given, to do all or any of the following as is specified in the notice:(a)

to leave the State land;

(b)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c)

to 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;

(d)

to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind;

(e)

to do, or to refrain from doing, any works that are specified in the encroachment notice in order —(i)

to rectify any damage to the State land as a result of; or

(ii)

to restore the State land to its state before,

any unlawful activity mentioned in section 5 done by the person, or caused or allowed by the person.

(3) An encroachment notice relating to any State land must state —(a)

the period —(i)

within which the person must comply with the encroachment notice (called in this Act the compliance period); and

(ii)

within which the person may give an objection if the person objects to and does not wish to comply with the encroachment notice (called in this Act the objection period);

(b)

that any thing or works required to be done must be carried out with due diligence to the satisfaction of the Commissioner of Lands; and

(c)

that failure to comply with the encroachment notice is an offence and may result in proceedings under this Act being taken against the person unless an objection is given in accordance with this Act.

(4) The objection period for an encroachment notice must not be longer than the compliance period for that encroachment notice.

(5) A person who —(a)

is given an encroachment notice; and

(b)

does not give an objection within the objection period for the encroachment notice,

must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the encroachment notice within the compliance period for that notice.

(6) A person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.