§ 41-ps3-qe-pr42C — Immediate demolition, etc., of dangerous structure, etc., in public park

42C.—(1) Where any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a 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)(ii) or (c)(ii) 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)(ii) or (c)(ii) to whom the written notice under section 42A(1) is to be served;

(b)

in the opinion of the Commissioner or an authorised officer, the sign, shrine, altar, religious object, shelter, structure or building —(i)

is in such a condition, or is used to carry such loads, as to be endangering or expected to endanger other users of the public park; or

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

an actual or imminent occurrence has happened or may happen that endangers or threatens the safety of users of the public park,

because of any crowd, or any ceremony or other activity undertaken or which may be undertaken, at or around the sign, shrine, altar, religious object, shelter, structure or building,

the Commissioner or authorised officer (as the case may be) may, without first serving a written notice under section 42A(1) —

(d)

alter, demolish or remove or cause to be altered, demolished or removed, the sign, shrine, altar, religious object, shelter, structure or building to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the public park; and

(e)

move the sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal to a holding yard or another place.

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

enter any premises (without warrant) but only after declaring his or her office to any owner or occupier of the premises, or any other person who appears to be in charge of those premises, and is present during entry; and

(b)

forcibly enter any premises without warrant, including by breaking open any outer or inner door or window leading to the premises and removing by force any obstruction to the entry, if the Commissioner or authorised officer (as the case may be) is unable to enter, or is refused entry to, the premises.

(3) After a sign, shrine, altar, religious object, shelter, structure or building is altered, demolished or removed under subsection (1), the Commissioner or an authorised officer must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building —(a)

about the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building and the moving it and any resulting debris to and detention at a holding yard or other place; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the sign, shrine, altar, religious object, shelter, structure or building, and any resulting debris, so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the sign, shrine, altar, religious object, shelter, structure or building and any resulting debris 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 sign, shrine, altar, religious object, shelter, structure or building cannot be ascertained.

(5) Subsection (2)(a) does not apply if the premises in question is unoccupied at the time of entry.”.

—(1) Where any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a 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)(ii) or (c)(ii) 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)(ii) or (c)(ii) to whom the written notice under section 42A(1) is to be served;

(b)

in the opinion of the Commissioner or an authorised officer, the sign, shrine, altar, religious object, shelter, structure or building —(i)

is in such a condition, or is used to carry such loads, as to be endangering or expected to endanger other users of the public park; or

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

an actual or imminent occurrence has happened or may happen that endangers or threatens the safety of users of the public park,

because of any crowd, or any ceremony or other activity undertaken or which may be undertaken, at or around the sign, shrine, altar, religious object, shelter, structure or building,

the Commissioner or authorised officer (as the case may be) may, without first serving a written notice under section 42A(1) —

(d)

alter, demolish or remove or cause to be altered, demolished or removed, the sign, shrine, altar, religious object, shelter, structure or building to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the public park; and

(e)

move the sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal to a holding yard or another place.

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

enter any premises (without warrant) but only after declaring his or her office to any owner or occupier of the premises, or any other person who appears to be in charge of those premises, and is present during entry; and

(b)

forcibly enter any premises without warrant, including by breaking open any outer or inner door or window leading to the premises and removing by force any obstruction to the entry, if the Commissioner or authorised officer (as the case may be) is unable to enter, or is refused entry to, the premises.

(3) After a sign, shrine, altar, religious object, shelter, structure or building is altered, demolished or removed under subsection (1), the Commissioner or an authorised officer must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building —(a)

about the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building and the moving it and any resulting debris to and detention at a holding yard or other place; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the sign, shrine, altar, religious object, shelter, structure or building, and any resulting debris, so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the sign, shrine, altar, religious object, shelter, structure or building and any resulting debris 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 sign, shrine, altar, religious object, shelter, structure or building cannot be ascertained.

(5) Subsection (2)(a) does not apply if the premises in question is unoccupied at the time of entry.”.