36Object removal directions—unleased National Land

36 Object removal directions—unleased National Land

(1) If a person places an object on unleased National Land, the Minister or a police officer may, by written notice (an object removal direction) given to the person, direct the person to remove the object, subject to section 37. (2) An object removal direction must specify the following: (a) the unleased National Land to which it relates; (b) the object to be removed; (c) the period, starting after the day the direction is given, within which the object must be removed, which must be: (i) not less than 5 business days; or (ii) in an urgent case—a shorter period specified in the direction; (d) that, if the object is not removed by the end of the specified period: (i) the person may be committing an offence under subsection (6); and (ii) the object may be removed under section 38 (which allows removal of objects by the Commonwealth) and disposed of under section 39 (which allows disposal of objects by the Commonwealth). (3) Without limiting the ways in which an object removal direction may be given to a person, such a direction may be given by securely attaching the direction to the object in a conspicuous place. (4) An object removal direction given to a person by attaching the direction to the object in a conspicuous place is taken to be given to the person on the day the direction is attached to the object. (5) A person stops being subject to an object removal direction if, after the direction is given, the placement of the object on the land becomes authorised by a permit, licence or works approval. (6) A person commits an offence of strict liability if the person: (a) is subject to an object removal direction; and (b) contravenes the direction.

Penalty: 10 penalty units.