§ 41-ps3-qe-pr42B — Immediate removal of dangerous or obstructing vehicles, etc., in national park, nature reserve or public park

42B.—(1) Where any vehicle, boat, trailer, skip, dumpster or other thing is parked, moored or otherwise left in a national park, nature reserve or public park contrary to this Act and —(a)

by the exercise of reasonable diligence, the following cannot be ascertained:(i)

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

in the opinion of the Commissioner, an authorised officer or a park ranger, the vehicle, boat, trailer, skip, dumpster or other thing —(i)

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

the Commissioner, authorised officer or park ranger (as the case may be) may, without first serving a written notice under section 42A(1), move or cause to be moved, the vehicle, boat, trailer, skip, dumpster or other thing to a holding yard, or to another place, to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the national park, nature reserve or public park.

(2) For the purpose of exercising a power under subsection (1), the Commissioner, an authorised officer or a park ranger may, with any assistance that he or she considers necessary —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(3) After a vehicle, boat, trailer, skip, dumpster or other thing is moved to a holding yard or other place under subsection (1), the Commissioner, an authorised officer or a park ranger (as the case may be) must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the vehicle, boat, trailer, skip, dumpster or other thing —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(4) A notice under subsection (3) is not required if, by the exercise of reasonable diligence, the name and the business address, residential address or last email address of the owner, or person having charge or control, of the vehicle, boat, trailer, skip, dumpster or other thing cannot be ascertained.

—(1) Where any vehicle, boat, trailer, skip, dumpster or other thing is parked, moored or otherwise left in a national park, nature reserve or public park contrary to this Act and —(a)

by the exercise of reasonable diligence, the following cannot be ascertained:(i)

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

in the opinion of the Commissioner, an authorised officer or a park ranger, the vehicle, boat, trailer, skip, dumpster or other thing —(i)

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

the Commissioner, authorised officer or park ranger (as the case may be) may, without first serving a written notice under section 42A(1), move or cause to be moved, the vehicle, boat, trailer, skip, dumpster or other thing to a holding yard, or to another place, to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the national park, nature reserve or public park.

(2) For the purpose of exercising a power under subsection (1), the Commissioner, an authorised officer or a park ranger may, with any assistance that he or she considers necessary —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(3) After a vehicle, boat, trailer, skip, dumpster or other thing is moved to a holding yard or other place under subsection (1), the Commissioner, an authorised officer or a park ranger (as the case may be) must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the vehicle, boat, trailer, skip, dumpster or other thing —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(4) A notice under subsection (3) is not required if, by the exercise of reasonable diligence, the name and the business address, residential address or last email address of the owner, or person having charge or control, of the vehicle, boat, trailer, skip, dumpster or other thing cannot be ascertained.