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s 25

Competent Authority may give further notice and carry out work

In force
Part 5Prohibition and improvement notices

25 Competent Authority may give further notice and carry out work

(1)

The Competent Authority may give a further notice to a person to whom an improvement notice has been given where the improvement notice requires work to be done and the work is not done.

(2)

A further notice may be given:

(a)

where no appeal is lodged under section 28 against the improvement notice – within 7 days after the date specified in the improvement notice for the carrying out of the work; or

(b)

where the Local Court has affirmed or varied the improvement notice or issued a notice in substitution for the improvement notice, and work is required to be done under the improvement notice –

within 7 days after the date on which the decision of the Court was made known or within a longer or shorter period determined by the

Court.

(3)

A further notice is to specify the date, being not earlier than

7 days after the giving of the further notice, after which the

Competent Authority intends to carry out or cause to be carried out the work specified in the further notice.

(4)

The Competent Authority or a person authorised by the Competent

Authority may, after the date specified in a further notice, enter on or in the premises, place or vehicle in relation to which the further notice was given with employees or agents and machinery reasonably necessary to carry out the work specified in the notice and may do all things reasonably necessary to be done to carry out the work.

(5)

The Competent Authority must not carry out or cause to be carried out work in relation to a further notice that is the subject of an appeal under section 28.

(6)

The cost reasonably incurred by the Competent Authority in exercising his or her powers under subsection (4) is a debt due and payable to the Territory by the person required to carry out the work by the improvement notice to which the further notice relates.

(7)

A certificate, purporting to be signed by the Competent

Authority or an officer appointed under section 17(1), specifying details of the costs reasonably incurred in carrying out the work under subsection (1) is evidence of those costs.

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