120Restriction on building on land near pipeline

120 Restriction on building on land near pipeline (1) A person must not construct a building so that any part of it is situated less than 3 metres from a point on the surface of the land whose position is vertically above a part of a pipeline below the surface unless the Minister has first consented to that construction. 1. In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. (2) If a building is constructed in contravention of subsection (1), the Minister may hold a hearing to determine whether or not the building should be demolished. S. 120(3) amended by No. 68/2014 s. 97(a). (3) The Minister must give notice to the owner of the building of the time and place of the hearing under subsection (2). (4) After considering any submission by the owner at the hearing, the Minister may, if he or she considers that the building may impede the working of or endanger the pipeline, direct the owner— S. 120(4)(a) amended by No. 68/2014 s. 97(b). (a) to take within a specified time the steps specified in the direction to remove the impediment or danger; or (b) to demolish the building. (5) A person to whom a direction is given under subsection (4) must comply with that direction. (6) In this section ***building*** and ***construct*** have the meanings respectively that they have in the **Building Act 1993**. Division 4—Third party access