CROWN LANDS ACT 1929 - SECT 272
This legislation has been repealed.
CROWN LANDS ACT 1929 - SECT 272
272—Unauthorised occupation or use of Crown and other property
(1) Any person who
without the authority of the Minister occupies or uses for cropping, grazing
or in any manner whatsoever any land belonging to or vested in the Crown, or
any land leased under the provisions of the Pastoral Act 1936 shall be
liable to a penalty of not more than one hundred dollars.
(2) For the purposes
of subsection (1) of this section a person who is merely traversing or
who is temporarily camping on any land referred to in that subsection shall
not be deemed to be occupying or using such land.
(3) Any person who
without the authority of the Minister erects or causes to be erected any
building, fence or other structure on any land belonging to or vested in the
Crown or any land leased under the provisions of the Pastoral Act 1936
shall be liable to a penalty of not more than one hundred dollars and shall in
addition be liable to pay to the Minister the cost of removing, selling or
destroying the building, fence or other structure. Payment of any such costs
to the Minister may be ordered by a court imposing any such penalty as
aforesaid or may be recovered by the Minister as a debt due to the Minister in
any court of competent jurisdiction.
(4) Any person who
without the authority of the Minister deposits or causes to be deposited any
materials on any land belonging to or vested in the Crown or any land leased
under the provisions of the Pastoral Act 1936 shall be liable to a
penalty of not more than one hundred dollars and shall in addition be liable
to pay to the Minister the cost of removing, selling or destroying those
materials. Payment of any such costs to the Minister may be ordered by a court
imposing any such penalty as aforesaid or may be recovered by the Minister as
a debt due to the Minister by action in any court of competent jurisdiction.
(5) Where—
(a) a
person, pursuant to any authority of the Minister has erected or caused to be
erected any building, fence or other structure on any land belonging to or
vested in the Crown or on any land leased under the provisions of the Pastoral
Act 1936 , as amended; and
(b) such
authority was granted or obtained subject to the condition that the building,
fence or structure will be removed from the land within a specified time or
upon the termination of that person's occupancy of the land; and
(c) that
person has failed within the specified time or upon the termination of that
occupancy to remove or cause to be removed from the land the building, fence
or structure,
that person shall be liable to a penalty not exceeding one hundred dollars and
shall in addition be liable to pay to the Minister the cost of removing,
selling or destroying the building, fence or structure and payment of the
whole or any part of such cost to the Minister may be ordered by a court
imposing any such penalty or may be recovered by the Minister as a debt due to
the Minister in any court of competent jurisdiction.
(6) Where, upon the
termination of a person's occupancy of land belonging to or vested in the
Crown or leased under the provisions of the Pastoral Act 1936 , as
amended, that person vacates the land without removing therefrom any chattel
belonging to him, the Minister may, by notice in writing served on him,
require him to remove the chattel from the land within a time specified in the
notice and, if the chattel is not removed from the land within the time so
specified, the Minister may remove, sell or destroy the chattel and the cost
of so doing may be deducted by the Minister from moneys belonging to that
person in the Minister's hands or may be recovered by the Minister from that
person as a debt due to the Minister in any court of competent jurisdiction.