sec.410Chief executive may start proceeding

### sec.410 Chief executive may start proceeding If the chief executive is satisfied a person is unlawfully occupying land, or has unlawfully done a trespass related act on land, the chief executive may start a proceeding in the Magistrates Court. The chief executive may start a proceeding whether or not a trespass notice has been given to a person. The proceeding must be started in the Magistrates Court nearest to the land the subject of the proceeding. The chief executive starts the proceeding by— filing a notice (a proceeding notice ) with the registrar of the Magistrates Court stating the orders sought by the chief executive; and giving a copy of the proceeding notice to the person mentioned in subsection (1) . The proceeding notice must state the grounds on which the orders of the court are sought. However, if a trespass notice has been given to a person, a proceeding may be started by the chief executive only if— the relevant period has expired and the person has not started a proceeding under this division about the trespass notice; or the person has started, but has discontinued or not continued a proceeding under this division about the trespass notice. s 410 amd 1995 No. 57 s 4 sch 1 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 7 s 210 (sec.410-ssec.1) If the chief executive is satisfied a person is unlawfully occupying land, or has unlawfully done a trespass related act on land, the chief executive may start a proceeding in the Magistrates Court. (sec.410-ssec.2) The chief executive may start a proceeding whether or not a trespass notice has been given to a person. (sec.410-ssec.3) The proceeding must be started in the Magistrates Court nearest to the land the subject of the proceeding. (sec.410-ssec.4) The chief executive starts the proceeding by— filing a notice (a proceeding notice ) with the registrar of the Magistrates Court stating the orders sought by the chief executive; and giving a copy of the proceeding notice to the person mentioned in subsection (1) . (sec.410-ssec.5) The proceeding notice must state the grounds on which the orders of the court are sought. (sec.410-ssec.6) However, if a trespass notice has been given to a person, a proceeding may be started by the chief executive only if— the relevant period has expired and the person has not started a proceeding under this division about the trespass notice; or the person has started, but has discontinued or not continued a proceeding under this division about the trespass notice. - (a) filing a notice (a proceeding notice ) with the registrar of the Magistrates Court stating the orders sought by the chief executive; and - (b) giving a copy of the proceeding notice to the person mentioned in subsection (1) . - (a) the relevant period has expired and the person has not started a proceeding under this division about the trespass notice; or - (b) the person has started, but has discontinued or not continued a proceeding under this division about the trespass notice.