Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 123

Responsible authority may carry out work

S. 123(1) amended by No. 52/1998 s. 191(1).

    (1)     The responsible authority, or, with the consent of the Tribunal, any other person may—

        (a)     carry out any work which an enforcement order or interim enforcement order required to be carried out and which was not carried out within the period specified in the order; and

        (b)     recover the costs of the work from the person in default in any court of competent jurisdiction as a debt.

S. 123(2) amended by No. 86/1989 s. 25(o)(i)(ii).

    (2)     The responsible authority or other person carrying out any work under subsection (1) may sell any building, equipment or other materials salvaged in carrying out that work if the authority or person is satisfied that the building equipment or materials is or are the property of the land owner or the person against whom the order is made and apply the proceeds of the sale toward payment of the expenses incurred in carrying out the work.

S. 123(3) inserted by No. 86/1989 s. 4(2)(f).

    (3)     Subsection (2) does not authorise the sale of Crown property including Crown land.



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