40Removal of obstructions from public domain—the Act, s 46(2)(d) and (h)

40 Removal of obstructions from public domain—the Act, s 46(2)(d) and (h)

40 Removal of obstructions from public domain—the Act, s 46(2)(d) and (h)

(1) A ranger or a police officer may give a direction ordering the removal of a thing that—

(a) obstructs the public domain, or

(b) is a danger to persons or property in the public domain.

(2) The direction may be given to either or both of the following—

(a) the person who caused the obstruction or danger,

(b) a person using the thing causing the obstruction or danger.

(3) A person must not fail to comply with a direction given to the person by a ranger or officer.

Maximum penalty—20 penalty units.

(4) A ranger or a police officer may remove the thing, whether or not a direction has been given.

(5) Place Management NSW may recover, from either of the persons referred to in subsection (2), the reasonable costs and expenses incurred in removing the thing.

(6) This section does not apply to a thing authorised to be in the public domain by—

(a) Place Management NSW, or

(b) the person or body in whom the public domain is vested, or

(c) the Act or another Act.