Graffiti Prevention Act 2007

A Council may, in accordance with this section, take any action necessary to remove or obliterate graffiti on private property if the graffiti is visible from a public place.

A Council may enter private property for the purposes of subsection (1) if—

the Council has served a notice under this section on the owner or occupier of the property at least 28 days before the action to remove or obliterate the graffiti is proposed to be taken; and

the owner or occupier of the property has given written consent to—

the removal or obliteration of the graffiti; and

entry to the property for that purpose.

If entry to private property is not necessary for the purposes of subsection (1)—

the Council must serve a notice under this section on the owner or occupier of the property at least 10 days before the action to remove or obliterate the graffiti is proposed to be taken; and

the Council may take the action if the owner or occupier of the property—

gives written consent to the removal or obliteration of the graffiti; or

does not object, in accordance with the notice, to the action being taken.

Within 12 months after a Council has taken action under subsection (3) to remove or obliterate graffiti on private property and subject to subsection (3B), the Council may take further action to remove or obliterate graffiti subsequently marked on the property without giving notice to, or obtaining the consent of, the owner or occupier.

A Council may not take further action under subsection (3A) to remove or obliterate graffiti marked on a property if the Council has received from the owner or occupier of the property an objection to the further action being taken.

A notice referred to in subsection (2)(a) or (3)(a) must—

give particulars of the action proposed to remove or obliterate the graffiti; and

specify the date on which the action is proposed to be taken; and

specify the manner of objecting to the proposed action; and

inform the owner or occupier of the terms of section 21.

A notice under this section may be addressed by the description of "the owner" or "the occupier" of the property (naming it) in respect of which the notice is given, without further name or description.

A notice under this section may be served—

by delivering it personally to the person to be served; or

by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or

by sending it by post addressed to that person's usual or last known place of residence; or

if that person's name and address are not known to the server, by posting it up on a conspicuous part of the property in respect of which the notice is given.

The proposed action to remove or obliterate graffiti must not be taken if—

where entry to private property is necessary, the owner or occupier does not give written consent as required by subsection (2)(b); or

where entry to private property is not necessary, the owner or occupier objects to the proposed action in the manner specified in the notice referred to in subsection (3)(a) at any time before the proposed action is taken.

In taking action to remove or obliterate graffiti under this section, a Council must—

take reasonable steps to consult with the owner or occupier of the property in relation to the manner in which the action is to be taken; and

if entry to private property is necessary, ensure that the work is carried out by an authorised person; and

ensure, as far as is practicable, that the work is carried out—

expeditiously and in such a way as to avoid unnecessary inconvenience or disruption to the owner or occupier of the property; and

with reasonable care and to a reasonable standard.