160FNotice prohibiting use of structure

#### 160F Notice prohibiting use of structure 160F Notice prohibiting use of structure > > (1) If the Minister believes on reasonable grounds that a structure that is on prescribed land is being used without lawful authority, the Minister may cause a notice— > > > > > (a) to be served on the person, prohibiting use after a specified period of the structure by the person, or > > > > > (b) to be displayed on or adjacent to the structure, prohibiting use after a specified period of the structure by any person. > > > (2) Any such notice may be served— > > > > > (a) in any case, personally on the person to whom it is directed, or > > > > > (b) if that person has delivered a statement under section 160D relating to the structure— > > > > > > > (i) by post to any address for contacting the person that is specified in the statement, or > > > > > > > (ii) by email to an email address specified by the person for the service of notices of that kind. > > > (3) A person who is prohibited from using a structure by a notice that has been served or displayed under this section shall not, without lawful authority, use the structure after the expiration of the period specified in the notice. > > > > Maximum penalty—20 penalty units and, in the case of a continuing offence, a further penalty of 2 penalty units for each day the offence continues. > > > (4) The defendant has the onus of establishing the existence of lawful authority in any proceedings for an offence against this section. > > **s 160F:** Ins 1989 No 22, Sch 1 (1). Am 2010 No 38, Sch 1 \[90\]; 2017 No 25, Sch 1.23 \[2\].