Authorised officers may seize and remove unauthorised property
78 Authorised officers may seize and remove unauthorised property
An authorised officer who finds on CALM land any property that the officer reasonably believes is not authorised under a written law to be on the land may order or request a person who has, or appears to the officer to have, possession or control of the property to remove it from the land.
A person must comply with an order given to the person under subregulation (1).
Penalty: a fine of $2 000.
If —
a person does not comply with an order or request under subregulation (1) within a period that the authorised officer considers reasonable; or
the officer is unable to find a person who has, or appears to the officer to have, possession or control of the property,
the officer may seize the property and remove it from CALM land.
Property seized and removed under subregulation (2) shall be held at an office of the Department until it is collected under regulation 79 or destroyed, sold or otherwise disposed of under regulation 80.
[Regulation 78 amended: Gazette 29 Sep 2006 p. 4318‑19; 3 Dec 2010 p. 6048.]
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