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reg 39

Inspection of works on public place

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Part 4Works on public places

39 Inspection of works on public place

(1) If a permit has been granted authorising works on a public place, an authorised person or an officer or employee of the council may, in accordance with the conditions of the permit, inspect works being carried out on the public place to ascertain whether the works comply with the permit.

(2) If an authorised person or an officer or employee of the council believes on reasonable grounds that works that are not authorised by a permit are being or have been carried out on a public place (whether because a permit was not granted authorising the works or a permit has been granted in respect of the works but the works do not comply with the permit), the authorised person, officer or employee may at any time inspect the works.

(3) If an authorised person or an officer or employee who makes an inspection under clause (1) or (2) is, after completing the inspection, satisfied that the works are not authorised by a permit, do not comply with a permit issued in respect of them or are for any other reason unsatisfactory, the council may, under by-law 11, serve on the person carrying out the works or, if a permit has been issued in respect of the works to another person, on that person a notice requiring the person:

(a) if the works are authorised by a permit but do not comply with the permit – to carry out or cause to be carried out work the council considers appropriate to ensure that the works comply with the permit;

(b) if the works are not authorised by a permit – to satisfactorily complete the works in accordance with the notice; or

(c) to remove the works (whether works that are authorised by a permit but do not comply with the permit or works that are not authorised by a permit) and reinstate the area of the public place concerned.

(4) A person who is served with a notice referred to in clause (3) must comply with the notice.

Penalty: $3 000.

Part 5 Control of nuisance or damage on or to public places

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