98Direction to remove objects from public unleased land

98 Direction to remove objects from public unleased land (1) This section applies if a person uses public unleased land by placing an object on the public unleased land. Note Use, public unleased land—see s 41. (2) However, this section does not apply if— (a) the placement is authorised under an approval or public unleased land permit under this Act; or Example—approval that may authorise placement 1 closed road approval 2 work approval (b) the placement is authorised under another territory law; or

(c) if the object is a vehicle— (i) the vehicle is parked on a road or road related area in a way that does not contravene the Road Transport (Safety and Traffic Management) Act 1999; or (ii) an authorised person has reasonable grounds for believing that the vehicle has been abandoned. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (3) A police officer or authorised person may direct (a removal direction) the person to remove the object. (4) A removal direction must be in writing and state— (a) the public unleased land; and (b) the object to be removed; and (c) when the direction must be complied with (the due date), being a day at least— (i) if the object is a vehicle—2 days after the direction is given to the person; or (ii) in any other case—7 days after the direction is given to the person; and (d) that, if the object is not removed by the due date— (i) the person may be committing an offence under section 99 (Offence—fail to comply with removal direction); and (ii) the object may be removed and disposed of under section 105 (Removal of objects by Territory) and section 106 (Disposal of objects by Territory). (5) A removal direction may be given to a person by securely attaching the direction to the object in a conspicuous place.

(6) To remove any doubt, a removal direction given to a person in the way mentioned in subsection (5) is taken to be given to the person on the day the direction is attached to the object. (7) In this section: park—see the Road Transport (Road Rules) Regulation 2017, dictionary. road—see the Road Transport (General) Act 1999, dictionary. road related area—see the Road Transport (General) Act 1999, dictionary.