Right of owner to carry out required work on occupied land
118 Right of owner to carry out required work on occupied land
If the owner of any land is required to carry out any work by a Council under any Act, regulation or local law, the owner may give a written notice to the occupier of the land—
stating particulars of the work to be carried out; and
requiring the occupier to permit the owner and any other person to enter the land and carry out the work.
If the occupier of the land does not comply with a notice within 7 days of being given the notice, the owner of the land may apply to the Magistrates' Court for an order.
The Magistrates' Court may make an order requiring the occupier of the land to permit the owner and any other person to enter the land and carry out the work.
An occupier of the land who fails to comply with an order made under subsection (3) is guilty of an offence.
- 10 penalty units.
While the occupier of the land fails to comply with the order, the owner of the land is excused from any penalty for failing to carry out the work.
This Act’s bill:Explanatory memorandumSecond reading speech
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