No encroachment without consent, court order or other authority
76 No encroachment without consent, court order or other authority
A person responsible for work must ensure that no part of a building or an incidental structure is placed beyond the boundaries of the works land —
unless each owner of the land into, onto, or over which the encroaching part is placed consents to the encroaching part being so placed and the encroaching part is placed in accordance with the consent; or
unless the encroaching part is placed in accordance with an order under section 86(2)(a); or
unless the encroachment is prescribed as a minor encroachment; or
unless the encroachment is into, onto, or over Crown land and the encroachment is authorised under the Land Administration Act 1997; or
except in prescribed circumstances.
Penalty: a fine of $25 000.
In subsection (1)(a) —
owner —
in relation to Crown land that is a managed reserve, means the Minister for Lands and the management body of that reserve; and
in relation to Crown land that is leased under a Crown lease, means the Minister for Lands and the holder of the Crown lease; and
in relation to a road, means —
the Minister for Lands; and
whichever of the local government in whose district the road is situated, the Commissioner of Main Roads, or the Minister as defined in the Public Works Act 1902 section 2 who, under a written law, has the control and management of the road;
and
in relation to Crown land that is vested in a person or body under a written law other than the Land Administration Act 1997, means the Minister for Lands and that person or body; and
in relation to any other Crown land means the Minister for Lands only.
In subsection (2) —
Crown lease, management body, managed reserve and road have the respective meanings given to those terms in the Land Administration Act 1997 section 3(1).
[Section 76 amended: No. 37 of 2012 s. 17.]
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