43Removal of things obstructing public streets

43 Removal of things obstructing public streets

[Section 43 Amended by 25 Geo. V No. 78 ]**[Section 43 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 43 Substituted by No. 104 of 2001, s. 16, Applied:01 Jan 2002]

(1)  In this section –

article includes rubbish and goods, but does not include a vehicle;

authorised person means – 

(a) in the case of a public street anywhere in the State, a police officer; or

(b) in the case of a public street in a municipal area, a person who is an employee or agent of the responsible council and has the approval of that council to exercise power under this section within that area;

relevant authority means –

(a) in relation to an authorised person who is a police officer, the Commissioner of Police; or

(b) in relation to an authorised person who is an employee or agent of a council, that council.

(2)  If an article is placed or left in a public street to the obstruction, annoyance or danger of road users, nearby residents or other persons, an authorised person may –

(a) remove the article or cause it to be removed; and

(b) take the article, or cause it to be taken, to a place of safety; and

(c) detain the article, or cause it to be detained, until the expenses of removing, taking and detaining it are paid to the relevant authority.

(3)  The relevant authority must, as soon as practicable after the removal, take reasonable steps to inform the article's owner of the action taken and the terms of this section.

(4)  If –

(a) reasonable steps to inform the owner within 30 days after the date of removal prove unsuccessful; or

(b) the owner is informed of the removal within those 30 days but does not pay the required expenses within 14 days after the date of being so informed –