188AMagistrates' Court may order removal of buildings etc.

188A Magistrates' Court may order removal of buildings etc.

S. 188A(1) amended by Nos 7876 s. 2(3), 41/1987 s. 103(Sch. 4 items 39.36, 39.37), 57/1989 s. 3(Sch. item 109.2), 76/1998 s. 1(h).

(1) Where—

(a) any building structure standing crop or improvement or any thing whatsoever is constructed or placed or is found on any Crown land; and

S. 188A(1)(b) amended by No. 41/1987 s. 103(Sch. 4 item 39.36).

(b) the owner of the building structure crop improvement or thing does not within 21 days after demand made—

S. 188A(1) (b)(i) amended by Nos 9212 s. 2(2), 41/1987 s. 103(Sch. 4 item 39.36).

(i) if the land in question is land reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 and under the control of a committee of management, by an authorised officer or a person authorized by the committee of management; or

S. 188A(1) (b)(ii) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 items 39.35, 39.36), 76/1998

(ii) in any other case by an authorised officer or a person authorized by the Secretary—

produce to the authorised officer or person a current lease licence permit or other authority under this Act or some other Act authorizing him to keep or maintain the building structure crop improvement or thing on that Crown land—

S. 188A(1) amended by No. 40/2020 s. 46.

then, if the land in question is land so reserved and controlled, an authorised officer or a person authorized by the committee of management or, in any other case, an authorised officer or a person authorized by the Secretary may cause a complaint signed by the authorised officer or person and a summons thereon to appear before the Magistrates' Court to be served on the owner.

(2) A demand on an owner under this section shall be made by serving on the owner a notice of demand in writing in the prescribed form.

(3) A complaint and summons under this section shall be in or to the effect of the form in Schedule Seven A to this Act.

(4) A notice of demand or a complaint and summons under this section may be served on an owner—

(a) by delivering the notice or a copy of the complaint and summons to him personally or to his agent;

(b) by leaving the notice or a copy of the complaint and summons at his usual or last‑known place of abode;

(c) by posting the notice or a copy of the complaint and summons by registered post in a letter addressed to him at his usual or last-known place of abode or business or his usual or last-known address; or

S. 188A(4)(d) amended by No. 8492 s. 2(b).

(d) where after reasonable inquiries made by the complainant it appears that the Crown is the owner and no other person is deemed to be an owner for the purposes of this section or that no other person who is or is deemed to be an owner for the purposes of this section can be found—