52Removal of obstructions etc. from Trust land

52 Removal of obstructions etc. from Trust land

(1) A ranger may order the removal from Trust land of any thing 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) If a ranger gives a person an order in accordance with subsections (1) and (2), the ranger must inform the person of the consequences, under subsection (4) and section 53, of failing to comply with the order. (4) A person commits an offence if: (a) the person is given an order in accordance with subsections (1) and (2); and (b) the person fails to comply with the order.

Penalty: 5 penalty units.

(5) Subsection (4) does not apply if the defendant complies with the order to the extent to which the defendant is capable. (6) This section 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.

Note: A defendant bears an evidential burden in relation to the matters in subsections (5) and (6) (see subsection 13.3(3) of the Criminal Code).

(7) Strict liability applies to subsection (4).