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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 12 August 2020 at 08:47)
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, orrequiring 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.(b) to be displayed on or adjacent to the structure,(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), andwithin such period and in such manner (if any) as are specified in the notice.(b) rehabilitate the land on which the structure is situated,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.