210BFortification removal order

#### 210B Fortification removal order 210B Fortification removal order > > (1) The Local Court may, on application by the Commissioner, make an order (a fortification removal order) directing a person named in the order (being an owner or occupier of the premises) to remove or modify any fortifications at the premises, as specified in the order, within a period specified in the order. > > > (2) The Local Court is to make a fortification removal order only if satisfied that there are fortifications at the premises concerned and that— > > > > > (a) the fortifications have been constructed or put in place in contravention of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (b) there are reasonable grounds to believe that the premises are being used, have been used or are likely to be used— > > > > > > > (i) for or in connection with the commission of a serious indictable offence, or > > > > > > > (ii) to conceal evidence of a serious indictable offence, or > > > > > > > (iii) to keep the proceeds of a serious indictable offence. > > > (3) A fortification removal order must state the general grounds on which the order is made. > > > (4) If the owner or occupier required by a fortification removal order to remove or modify fortifications did not appear, or was not represented, before the Local Court on the making of the order, the Commissioner is to cause a copy of the order to be served— > > > > > (a) personally on the owner or occupier named in the order, or > > > > > (b) if personal service cannot be effected promptly, by causing a copy of the order to be affixed to or near the entrance of the premises. > > > (5) Part 4 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) applies, subject to any modifications provided for by this Part or by the regulations, to proceedings for a fortification removal order under this Part. > > > > Note. > > > > Section 70 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) provides for appeals in relation to matters dealt with under Part 4 of that Act. > > **s 210B:** Ins 2006 No 61, Sch 1 \[5\]. Am 2007 No 94, Schs 1.57 \[1\] \[2\], 3.