New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 160E

160E Notice to remove structure

(1) If the Minister believes on reasonable grounds that a person, without lawful authority, has erected or placed, or is maintaining, a structure that is on prescribed land, the Minister may cause a notice--

(a) to be served on the person, or

(b) to be displayed on or adjacent to the structure,

requiring the person to remove the structure and its contents (if any) and to rehabilitate within a specified period the land on which the structure is situated.

(2) A notice relating to a structure may be served or displayed under this section whether or not a notice under section 160D relating to the same structure has been displayed or published.

(3) A notice under this section may be served--

(a) in any case, personally on the person to whom it is directed, or

(b) if that person has delivered a statement under section 160D relating to the structure--

(i) by post to any address for contacting the person that is specified in the statement, or

(ii) by email to an email address specified by the person for the service of notices of that kind.

(4) The person to whom a notice served or displayed under this section is directed shall, unless the structure to which the notice relates was erected or placed, or is being maintained, with lawful authority by the person--

(a) remove the structure and its contents (if any), and

(b) rehabilitate the land on which the structure is situated,

within such period and in such manner (if any) as are specified in the notice.

: Maximum penalty--20 penalty units and, in the case of a continuing offence, a further penalty of 2 penalty units for each day the offence continues.

(5) The defendant has the onus of establishing the existence of lawful authority in any proceedings for an offence against this section.