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].