Removal of Fortifications Act 2017

An owner, or an occupier, of the premises in respect of which the application under section 23 is made, may object to the application on the basis that the application is unreasonable in the circumstances.

An objection under subsection (1) must be – accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and filed with a court of petty sessions at least 7 days before the day on which the application is listed to be heard; and served on the Commissioner at least 5 days before the day on which the application is listed to be heard.

If an objection is made under subsection (1), a court of petty sessions may, in hearing an application made under section 23 – take into account any information accompanying the objection; and receive further evidence in respect of that information.

A person who makes an objection under subsection (1), at the hearing of the application to which the objection relates, may – appear and adduce evidence; and be represented.

A court of petty sessions may accept an objection filed or served outside one or both of the time limitations specified in subsection (2)(b) and (c) if satisfied that it is reasonable to do so.