105CObstructions and encroachments in waters

#### 105C Obstructions and encroachments in waters 105C Obstructions and encroachments in waters > > (1) In this section, structure includes any swimming pool, pontoon, jetty, shed or any other structure. > > > (2) For the purposes of this section a reference to the bed of any waters vested in a relevant authority includes a reference to any land that, but for the existence of a structure, would be covered by any such waters. > > > (3) A person must not erect a structure in, on or over the bed of any waters vested in a relevant authority without first obtaining the permission of the relevant authority. > > > > Maximum penalty—100 penalty units. > > > (4) A person who erects a structure in, on or over the bed of any waters vested in a relevant authority must not use the structure after the expiration of the time specified in a written notice from the relevant authority served on the person and requiring the person to remove the structure. > > > > Maximum penalty—100 penalty units. > > > (5) A relevant authority may remove or authorise the removal of any structure, erected without its permission in, on or over the bed of any waters vested in it or not removed in accordance with any notice given under subsection (4). > > > (6) The relevant authority may cause or authorise any structure or part of a structure removed in accordance with this section to be destroyed or stored or sold, or may sell the structure on condition that it be removed, and may recover in any court of competent jurisdiction the expenses incurred in the removal, destruction, storage or sale from the person who erected the structure or caused the structure to be erected or has made use of it after service on the person of a notice referred to in subsection (4). > > > (7) In this section, a relevant authority means Transport for NSW or Port Authority of New South Wales. > > **ss 105B–105C:** Ins 2016 No 28, Sch 2 \[7\]. Am 2020 No 30, Sch 4.74\[8\].