sec.52Alteration etc. of ancillary works and encroachments

### sec.52 Alteration etc. of ancillary works and encroachments If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50 , the chief executive may— cause them to be altered, relocated, made safe or removed; or for activities—direct that their conduct be altered or that they stop being conducted. A person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them. If ancillary works and encroachments are removed under subsection (1) , the chief executive may cause them to be sold or destroyed. If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments; if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund. A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A) (a) or (b) . If the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50 — by themselves or with other factors— are creating or may in the future create a traffic hazard; or are reducing or may in the future reduce safety; or are having or may in the future have an adverse effect on traffic operations; or require emergency action; or have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road; the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted. A person must comply with a direction under this section. Maximum penalty—200 penalty units. If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4) , the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal. In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . s 52 amd 1995 No. 9 s 92 sch 1 ; 2000 No. 6 s 14 ; 2010 No. 19 s 195 ; 2010 No. 44 s 217 ; 2014 No. 43 s 117 sch 1 (sec.52-ssec.1) If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50 , the chief executive may— cause them to be altered, relocated, made safe or removed; or for activities—direct that their conduct be altered or that they stop being conducted. (sec.52-ssec.2) A person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them. (sec.52-ssec.3) If ancillary works and encroachments are removed under subsection (1) , the chief executive may cause them to be sold or destroyed. (sec.52-ssec.3A) If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments; if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund. (sec.52-ssec.3B) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A) (a) or (b) . (sec.52-ssec.4) If the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50 — by themselves or with other factors— are creating or may in the future create a traffic hazard; or are reducing or may in the future reduce safety; or are having or may in the future have an adverse effect on traffic operations; or require emergency action; or have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road; the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted. (sec.52-ssec.5) A person must comply with a direction under this section. Maximum penalty—200 penalty units. (sec.52-ssec.6) If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4) , the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal. (sec.52-ssec.7) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . - (a) cause them to be altered, relocated, made safe or removed; or - (b) for activities—direct that their conduct be altered or that they stop being conducted. - (a) in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments; - (b) if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; - (c) the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund. - (a) by themselves or with other factors— (i) are creating or may in the future create a traffic hazard; or (ii) are reducing or may in the future reduce safety; or (iii) are having or may in the future have an adverse effect on traffic operations; or - (i) are creating or may in the future create a traffic hazard; or - (ii) are reducing or may in the future reduce safety; or - (iii) are having or may in the future have an adverse effect on traffic operations; or - (b) require emergency action; or - (c) have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road; - (i) are creating or may in the future create a traffic hazard; or - (ii) are reducing or may in the future reduce safety; or - (iii) are having or may in the future have an adverse effect on traffic operations; or