LOCAL GOVERNMENT ACT 2009 - SECT 136
Authorised person to give notice of damage
LOCAL GOVERNMENT ACT 2009 - SECT 136
Authorised person to give notice of damage
136 Authorised person to give notice of damage
(1) This section applies if—
(a) something is damaged by—
(i) an
authorised person, when the authorised person exercises a power under this
division; or
(ii) a person who is authorised by an authorised person to take
action under this division, when the person takes the action; or
(b) the
authorised person considers, on reasonable grounds, that the damage is more
than trivial damage.
(2) The authorised person must immediately give notice
of the particulars of the damage to the person who appears to be the owner of
the thing that was damaged.
(3) However, if for any reason it is not
practicable to do so, the authorised person must leave the notice, in a
reasonably secure way and in a conspicuous position, at the place where the
thing was damaged.
(4) The
"owner" of a thing includes a person in possession or control of the thing.
(5) If the authorised person believes the damage was caused by a latent defect
in the thing, or other circumstances beyond the authorised person’s control,
the authorised person may state that in the notice.
