s 46 Power to remove obstructing article, etc., on public path
46.—(1) If any article or thing (other than a vehicle) is obstructing the use of, or is causing inconvenience to the exercise of any right by any person under section 12 or 13 on, a public path in contravention of section 28(1), an authorised officer, an outsourced enforcement officer or a public path warden may move that article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience.[38/2018] (2) An authorised officer, an outsourced enforcement officer or a public path warden must not exercise a power under subsection (1) unless he or she has —(a) taken reasonable steps to inform the owner of the article or thing (if known) of his or her intention to exercise that power; and (b) allowed or directed the owner of the article or thing to move it.[38/2018] (3) For the purpose of exercising a power under subsection (1), an authorised officer, an outsourced enforcement officer or a public path warden may, with such assistance as he or she considers necessary —(a) move the article or thing by any reasonable means (including by towing it) to a holding yard; and (b) use reasonable force (including cutting or breaking open any lock, seal, fastener or other device on or connected to the article or thing).[38/2018] (4) A person must remove any article or thing where requested to do so by an authorised officer, an outsourced enforcement officer or a public path warden under subsection (2)(b).[38/2018] (5) A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (6) When an article or thing is moved to a holding yard under this section by an authorised officer, an outsourced enforcement officer or a public path warden, the authorised officer, outsourced enforcement officer or public path warden must as soon as practicable give notice of the move to the owner of the article or thing, if known.[38/2018]