85ERemoval of unauthorised works

#### 85E Removal of unauthorised works 85E Removal of unauthorised works > > (1) Transport for NSW or the Port Authority of New South Wales may give notice to a person who is making use of any work carried out in contravention of section 85C or 85D requiring the person to stop making use of that work by a specified date. > > > (2) A person must not fail to comply with a notice given in accordance with subsection (1). > > > > Maximum penalty—50 penalty units. > > > (3) Transport for NSW or the Port Authority of New South Wales may remove, or authorise the removal of, any work carried out in contravention of section 85C or 85D. > > > (4) Transport for NSW or the Port Authority of New South Wales may cause or authorise any work or any thing removed in accordance with subsection (3) to be destroyed, stored or sold, or may sell the work on condition that it be removed. > > > (5) Transport for NSW or the Port Authority of New South Wales may recover as a debt in a court of competent jurisdiction the costs and expenses incurred by it in the removal, destruction, storage or sale of any work under this section from the person who carried out the work or who has made use of it after the receipt of a notice referred to in subsection (1). > > **ss 85C–85E:** Ins 2016 No 28, Sch 2 \[5\]. Am 2020 No 30, Sch 4.74\[8\].