New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 160F

160F Notice prohibiting use of structure

(1) If the Minister believes on reasonable grounds that a structure that is on prescribed land is being used without lawful authority, the Minister may cause a notice:

(a) to be served on the person, prohibiting use after a specified period of the structure by the person, or

(b) to be displayed on or adjacent to the structure, prohibiting use after a specified period of the structure by any person.

(2) Any such notice may be served:

(a) in any case, personally on the person to whom it is directed, or

(b) if that person has delivered a statement under section 160D relating to the structure, by post to any address for contacting the person that is provided in the statement.

(3) A person who is prohibited from using a structure by a notice that has been served or displayed under this section shall not, without lawful authority, use the structure after the expiration of the period specified in the notice.

Maximum penalty: 20 penalty units and, in the case of a continuing offence, a further penalty of 2 penalty units for each day the offence continues.

(4) The defendant has the onus of establishing the existence of lawful authority in any proceedings for an offence against this section.