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 \[2\].