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, 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 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 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.