170Lessee may fence leased area in certain cases

170 Lessee may fence leased area in certain cases

170 Lessee may fence leased area in certain cases

(1) The Minister may, on the application of the lessee of a leased area, authorise the lessee to erect a fence on the area subject to such conditions as may be specified in the authority.

(2) The Minister must not authorise the erection of a fence unless the Minister has had regard to any interference to navigation that could be caused by the erection of the fence.

(3) If a fence is erected on a leased area otherwise than in accordance with an authority granted under this section or a condition to which such an authority is subject is contravened, the lessee—

(a) is taken to have contravened a condition of the lease, and

(b) is guilty of an offence.

Maximum penalty—50 penalty units.

(4) If a fence is erected on a leased area otherwise than in accordance with an authority granted under this section or a condition to which such an authority is subject is contravened, the Minister or an agent of the Minister may—

(a) enter the area, and

(b) carry out such work as is necessary to remove the fence or to achieve compliance with the condition.

(5) The Minister may sell or otherwise dispose of anything removed in accordance with subsection (4). The proceeds of such a sale are to be applied towards the costs and expenses of—

(a) the sale, and

(b) the disposal of anything removed but not sold, and

(c) the carrying out of the work concerned.

If the proceeds of sale (and of any forfeited bond or other security) are insufficient to enable those costs and expenses to be recouped, the balance can be recovered as a debt by the Minister by proceedings brought in a court of competent jurisdiction.

(5A) A reference in this section to a fence on a leased area includes (but is not limited to) a reference to a barrier or other structure located in or on the area to prevent, or dissipate the force of, waves entering the area.

(6) Compensation is not payable to a lessee in respect of anything done under this section.

s 170: Am 2012 No 42, Sch 1.11 [2].