33Removal of obstructions etc from Trust land

33 Removal of obstructions etc from Trust land

(1) A ranger may order the removal from Trust land of anything that the ranger believes, on reasonable grounds, is:

(a) causing an obstruction to persons, vehicles or vessels on Trust land; or

(b) encroaching on Trust land.

(2) The order may be given to either or both of the following:

(a) the person who caused the obstruction or encroachment;

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

(3) A person to whom an order is given in accordance with subregulations (1) and (2) must not fail to comply with the order.

(4) It is a defence to a prosecution for an offence against subregulation (3) if the defendant complies with the order to the extent to which he or she is capable.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

(5) An offence against subregulation (3) is an offence of strict liability.

(6) If a person to whom an order is given in accordance with subregulations (1) and (2) fails to comply with the order, a ranger may remove the obstruction or encroachment.

(7) The Trust may recover from either of the persons referred to in subregulation (2) the Trust’s reasonable costs and expenses incurred in removing an obstruction or encroachment.

(8) If a ranger removes an obstruction or encroachment, neither the ranger, nor any person who assists him or her to do so, nor the Trust, is liable for any loss of, or damage to, anything causing the obstruction or encroachment that occurs while it is being removed with reasonable care and in accordance with this regulation.

(9) This regulation does not apply to an obstruction or encroachment if its presence on Trust land is authorised:

(a) by the Trust; or

(b) by or under the Act or any other law;

and its presence has not ceased to be so authorised.