158   Removal of unauthorised structures

(1)  For the purposes of this section, a structure is on public land without lawful authority if it is:

(a)  a structure the erection of which was not, at the time of its erection, authorised by or under the provisions of this or any other Act (other than Part 11 or 12A of the Local Government Act 1919, Part 1 of Chapter 7 of the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979), not being a structure referred to in paragraph (b), or

(b)  a structure:

(i)  the erection or use of which was authorised by or under the provisions of this or any other Act (other than Part 11 or 12A of the Local Government Act 1919, Part 1 of Chapter 7 of the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979),

(ii)  that is or was required, by or under those provisions, to be removed at or within a specified time, and

(iii)  that has not been so removed.

(2)  The Minister may cause any structure that is on public land without lawful authority to be removed, together with the contents of the structure.

(3)  The Minister may cause to be displayed or published a notice requiring any person:

(a)  who claims to have authority to erect, maintain or use a structure erected on any public land, or any part of the structure, or

(b)  who claims any interest in the structure,

      to deliver to the Minister a statement in writing signed by the person stating by what authority the person erected or is entitled to maintain or use the structure or part or by what authority the person claims any interest in the structure.

(4)  The notice shall be:

(a)  displayed on or adjacent to the structure, or

(b)  published in a local newspaper or such other newspaper (if any) as the Minister may determine.

(5)  A person who, within 1 month after display or publication of the notice, fails to deliver the statement to the Minister has no claim against the Minister or any other person removing the structure or contents.

(6)  The Minister may cause anything removed under this section:

(a)  to be destroyed, sold or stored,

(b)  to be returned to a person considered by the Minister to be its owner, or

(c)  if it is stored under paragraph (a) and not returned under paragraph (b)—to be destroyed or sold.

(7)  The Minister may, on condition that it be removed, sell anything that the Minister may cause to be removed under this section.

(8)  The Minister may recover as a debt due to the Crown the expenses incurred in the removal, destruction, sale or storage of the structure, part or contents:

(a)  if the structure or part was erected without lawful authority—from the person who erected the structure or caused it to be erected,

(b)  whether the structure or part was erected with or without lawful authority—from the person who has made use of the structure:

(i)  if a notice was served on the person under section 156 (1) in respect of the structure—after the expiration of the period specified in the notice, or

(ii)  if a notice was displayed or published under this section in respect of the structure and it is proved that the person knew, or ought reasonably to have known, of the notice—after the expiration of a period of 1 month after which it was displayed or published,

(c)  if the structure is a structure referred to in subsection (1) (b)—from the person who was required, by or under the provisions referred to in subsection (1) (b), to remove the structure, or

(d)  if the expenses are recoverable under paragraphs (a), (b) and (c) from more than one of those persons—from both or all of them jointly and each of them severally.