40Trust may carry out work if order is contravened

40 Trust may carry out work if order is contravened

(1) If a person fails to comply with the terms of an order given under regulation 37, the Trust may do anything that is necessary or convenient to give effect to the terms of the order, including any work required by the order.

(2) Any expenses incurred by the Trust under subregulation (1) (less the proceeds of any sale under this regulation) together with the costs of recovery, may be recovered by the Trust in a court of competent jurisdiction as a debt due to the Trust.

(3) If the Trust gives effect to an order by:

(a) removing a structure; or

(b) removing any materials or other thing from Trust land;

the Trust may sell any part of the structure, or the materials or other thing, unless the expenses of the Trust in relation to the removal and sale are paid to the Trust within 14 days after the removal.

(4) If the proceeds of sale exceed the expenses of the Trust in relation to the removal and sale, the Trust:

(a) may deduct from the proceeds an amount equal to those expenses; and

(b) must pay the surplus to the owner on demand.

(5) If the proceeds of sale do not exceed those expenses, the Trust may:

(a) retain the proceeds; and

(b) recover the deficiency (if any), together with its costs of recovery, in a court of competent jurisdiction as a debt due to the Trust.

(6) Any structure, materials or other thing removed under this regulation that cannot be sold may be destroyed or otherwise disposed of.

(7) The Trust may exercise its functions under this regulation whether or not the person concerned has been prosecuted for an offence under regulation 39.

Division 3.4 Infringement notices