Agreements between statutory trusts and councils relating to enforcement
40 Agreements between statutory trusts and councils relating to enforcement
A statutory trust may enter into an agreement with a council (or councils) in whose area trust parklands for which the statutory trust is the responsible statutory trust are located for the enforcement by the council (or councils) of provisions of this Act in relation to the trust parklands.
Where an agreement is in force under subsection (1)—
if an offence is alleged to have been committed in relation to the trust parklands against this Act, no person except an authorised officer shall commence a prosecution in respect of the alleged offence without the prior approval of the Commissioner of Police or the chief executive officer of the relevant council; and
an authorised officer is empowered to exercise in relation to the trust parklands any of the powers of the authorised officer in relation to the enforcement of the Local
Government Act 1999;
and
any fine, penalty or expiation fee recovered in respect of offences relating to the trust parklands will be paid to the council.
An agreement under subsection (1) may be revoked by a party to the agreement on giving 3 months' notice in writing to the other party or parties of the revocation.
In this section—
authorised officer means—
a person who is an authorised person for the purposes of the Local
Government Act 1999;
or
a police officer.
This Act’s bill:Second reading speech
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