PUBLIC UNLEASED LAND ACT 2013

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Name of Act  
• 3 Dictionary  
• 4 Notes  
• 5 Offences against Act—application of Criminal Code etc  
• 6 Object of Act  
• 7 Application of Act to Territory  
• 8 Meaning of public unleased land  
• 9 Meaning of public road  
• 9A Meaning of carries on business as a hawker  

PART 2--MANAGING AND PROTECTING PUBLIC UNLEASED LAND

Division 2.1--Public roads

• 10 Director-general may fix or change public road levels  
• 11 Director-general may temporarily close public roads  
• 12 Approval to use closed road  
• 13 Offence—use closed road without approval  
• 14 Director-general may make temporary public roads  

Division 2.2--Drainage affecting public unleased land

• 15 Directions to construct surface water drains  
• 16 Offence—fail to comply with drainage direction  
• 17 Construction of drains by Territory  

Division 2.3--Work on public unleased land

• 18 Meaning of work on public unleased land  
• 19 Approval to carry out work on public unleased land  
• 20 Offence—carry out work on public unleased land without approval  

Division 2.4--Damage to public unleased land

• 21 Directions to repair damage to public unleased land  
• 22 Offence—fail to comply with repair damage direction  
• 23 Repair of damage by Territory  

Division 2.5--Signs on public unleased land

• 24 Meaning of sign on public unleased land  
• 25 Approval to place sign on public unleased land  
• 26 Offence—place fixed sign on public unleased land without approval  
• 27 Movable signs code of practice  
• 28 Offence—fail to comply with code of practice  
• 29 Territory indemnified regarding movable signs  

Division 2.6--Trees and other plants affecting public unleased land

• 30 Definitions—div 2.6  
• 31 Direction to prune tree etc overhanging public unleased land  
• 32 Offence—fail to comply with plant pruning direction  
• 33 Pruning of tree etc by Territory  
• 34 Direction to remove tree etc endangering public on public unleased  
• 35 Offence—fail to comply with plant removal direction  
• 36 Removal of tree etc by Territory  

Division 2.7--Graffiti visible from public unleased land

• 37 Meaning of occupier of leased territory land—div 2.7  
• 38 Graffiti removal from property on leased territory land  
• 39 Graffiti removal—liability of the Territory  

PART 3--PUBLIC UNLEASED LAND PERMITS

Division 3.1--Important concepts

• 40 What is a public unleased land permit?  
• 41 When does a person use public unleased land?—pt 3  
• 42 Who is an influential person for a corporation?—pt  

Division 3.2--Public unleased land permits—offences

• 43 Offence—use public unleased land without permit  
• 44 Offence—fail to comply with condition of permit  

Division 3.3--Public unleased land permits—application

• 45 Public unleased land permit—application  

Division 3.4--Public unleased land permits—suitability of people

• 46 Who is a suitable person to hold a public unleased land  
• 47 What is suitability information about a person?  
• 48 Suitability of people—further information about people  

Division 3.5--Public unleased land permits—suitability of activities

• 49 What is a suitable activity for a public unleased land  
• 50 What is suitability information about an activity?  
• 51 Suitability of activities—further information about activity  
• 52 Suitability of activities—other approvals  
• 52A Suitability of activities—consultation with conservator  
• 53 Suitability of activities—public consultation  
• 54 Suitability of activities—public consultation submissions  
• 55 Suitability of activities—risk management plan  
• 56 Suitability of activities—inspection of object  

Division 3.6--Public unleased land permits—decision

• 57 Public unleased land permit—decision on application  
• 58 Public unleased land permit—form  
• 59 Public unleased land permit—term  

Division 3.7--Public unleased land permits—financial assurance conditions

• 60 Meaning of financial assurance condition  
• 61 Financial assurance condition—imposition  
• 62 Financial assurance condition—show cause  
• 63 Financial assurance condition—permit cancellation  
• 64 Financial assurance condition—claim or realisation  
• 65 Financial assurance condition—notice before claim or  
• 66 Financial assurance condition—recovery of extra costs  
• 67 Financial assurance condition—money held by Territory  

Division 3.8--Public unleased land permits—amendment, transfer, renewal, etc

• 68 Public unleased land permit—amendment initiated by  
• 69 Public unleased land permit—application to amend permit  
• 70 Public unleased land permit—decision on application to amend  
• 71 Public unleased land permit—application to transfer permit  
• 72 Public unleased land permit—decision on application to transfer  
• 73 Public unleased land permit—application for renewal of  
• 74 Public unleased land permit—decision on application for renewal of  
• 75 Public unleased land permit—replacing when lost, stolen or  
• 76 Public unleased land permit—surrender  
• 77 Offence—fail to notify change of name or address  
• 78 Public unleased land permit—director-general to change name and  

Division 3.9--Public unleased land permits—regulatory action

• 79 Public unleased land permit—grounds for regulatory action  
• 80 Public unleased land permit—regulatory action  
• 81 Public unleased land permit—taking regulatory action  
• 82 Public unleased land permit—immediate suspension  
• 83 Public unleased land permit—effect of suspension  
• 84 Offence—fail to return amended, suspended or cancelled permits  
• 85 Action by director-general in relation to amended or suspended  

Division 3.10--Public unleased land permit register

• 86 Public unleased land permit register  
• 87 Correction and keeping up-to-date register  

PART 4--ENFORCEMENT

Division 4.1--General

• 88 Definitions—pt 4  

Division 4.2--Authorised people

• 89 Authorised people  
• 90 Identity cards  
• 91 Power not to be exercised before identity card shown  

Division 4.3--Directions etc

• 92 Direction to give name and address  
• 93 Offence—fail to comply with direction to give name and address  
• 94 Direction to produce approval, permit or insurance policy  
• 95 Offence—fail to comply with direction to produce approval, permit or insurance  
• 96 Direction to leave permitted public unleased land  
• 97 Offence—fail to comply with direction to leave permitted public unleased  
• 98 Direction to remove objects from public unleased land  
• 99 Offence—fail to comply with removal direction  
• 99A Offence—hawkers obstructing or endangering public  
Subdivision 4.3.2--Urgent action
• 100 Director-general's directions  
• 101 Offence—fail to comply with director-general's direction  
• 102 Emergency closure of permitted place  
• 103 Emergency closure notice  
• 104 Offence—fail to comply with emergency closure order  

Division 4.4--Removal and disposal of objects on public unleased land by Territory

• 105 Removal of objects by Territory  
• 105A Removal of non-compliant electoral advertising signs by Territory  
• 106 Disposal of objects by Territory  

Division 4.5--Powers of authorised people

• 107 Power to enter premises  
• 108 Production of identity card  
• 109 Consent to entry  
• 110 General powers on entry to premises  
• 111 Power to seize things  

Division 4.6--Search warrants

• 112 Warrants generally  
• 113 Warrants—application made other than in person  
• 114 Search warrants—announcement before entry  
• 115 Details of search warrant to be given to occupier etc  
• 116 Occupier entitled to be present during search etc  

Division 4.7--Return and forfeiture of things seized

• 117 Receipt for things seized  
• 118 Moving things to another place for examination or processing under search  
• 119 Access to things seized  
• 120 Return of things seized  
• 121 Forfeiture of seized things  
• 122 Power to destroy unsafe things  
• 123 Application for order disallowing seizure  
• 124 Order for return of seized thing  

Division 4.8--Enforcement—miscellaneous

• 125 Damage etc to be minimised  
• 126 Compensation for exercise of enforcement powers  

PART 5--NOTIFICATION AND REVIEW OF DECISIONS

• 127 What is a reviewable decision?—pt 5  
• 128 Reviewable decision notices  
• 129 Applications for review  

PART 6--MISCELLANEOUS

• 130 Determination of fees etc  
• 131 Approved forms  
• 132 Regulation-making power  
• SCHEDULE 1
DICTIONARY ENDNOTES