LAND ACT 1958 - SECT 188A Magistrates' Court may order removal of buildings etc.
LAND ACT 1958 - SECT 188A
Magistrates' Court may order removal of buildings etc.S. 188A(1) amended by Nos 7876 s. 2(3), 41/1987 s. 103(Sch. 4 items 39.36, 39.37), 57/1989 s. 3(Sch. item 109.2), 76/1998 s. 1(h).
(1) Where—
(a) any building structure standing crop or improvement or any thing whatsoever is constructed or placed or is found on any Crown land; and
S. 188A(1)(b) amended by No. 41/1987 s. 103(Sch. 4 item 39.36).
(b) the owner of the building structure crop improvement or thing does not within 21 days after demand made—
S. 188A(1) (b)(i) amended by Nos 9212 s. 2(2), 41/1987 s. 103(Sch. 4 item 39.36).
(i) if the land in question is land reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 and under the control of a committee of management, by an authorised officer or a person authorized by the committee of management; or
S. 188A(1) (b)(ii) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987
s. 103(Sch. 4 items 39.35, 39.36),
76/1998
s. 11(h).
(ii) in any other case by an authorised officer or a person authorized by the Secretary—
produce to the authorised officer or person a current lease licence permit or other authority under this Act or some other Act authorizing him to keep or maintain the building structure crop improvement or thing on that Crown land—
S. 188A(1) amended by No. 40/2020 s. 46.
then, if the land in question is land so reserved and controlled, an authorised officer or a person authorized by the committee of management or, in any other case, an authorised officer or a person authorized by the Secretary may cause a complaint signed by the authorised officer or person and a summons thereon to appear before the Magistrates' Court to be served on the owner.
(2) A demand on an owner under this section shall be made by serving on the owner a notice of demand in writing in the prescribed form.
(3) A complaint and summons under this section shall be in or to the effect of the form in Schedule Seven A to this Act.
(4) A notice of demand or a complaint and summons under this section may be served on an owner—
(a) by delivering the notice or a copy of the complaint and summons to him personally or to his agent;
(b) by leaving the notice or a copy of the complaint and summons at his usual or last‑known place of abode;
(c) by posting the notice or a copy of the complaint and summons by registered post in a letter addressed to him at his usual or last-known place of abode or business or his usual or last-known address; or
S. 188A(4)(d) amended by No. 8492 s. 2(b).
(d) where after reasonable inquiries made by the complainant it appears that the Crown is the owner and no other person is deemed to be an owner for the purposes of this section or that no other person who is or is deemed to be an owner for the purposes of this section can be found—
(i) by posting the notice or a copy of the complaint and summons on some conspicuous part of the building structure improvement or thing or in a conspicuous place as close as practicable thereto on the land; and
(ii) by publishing a copy of the notice or of the complaint and summons in a newspaper circulating in the neighbourhood of the land.
S. 188A(5) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 109.3).
(5) Upon the hearing of a complaint under this section—
(a) the Magistrates' Court may order the building structure crop improvement or thing in respect of which the complaint is made to be removed by and at the expense of the owner within a time to be fixed by the order; and
(b) the averment of the complainant that the building structure crop improvement or thing is on the land described in the complaint shall be evidence of that fact until the contrary is proved.
S. 188A(6) amended by No. 29/2011 s. 3(Sch. 1 item 50).
(6) Any such building structure crop improvement or thing which is not removed within the time fixed by the order of the Magistrates' Court shall be the property of the Crown and may be sold removed or demolished as the Minister may direct and the costs and expenses of and incidental to any removal or demolition to the extent to which they exceed the net price for which any sale is made shall be a debt due to the Crown.
S. 188A(7) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987
s. 103(Sch. 4 item 39.35),
76/1998
s. 11(h).
(7) Where a demand made under subsection (1) in respect of reserved land under the control of a committee of management is not complied with and the committee of management does not within 60 days after the day on which the demand was made authorize a person to take proceedings under this section, the Minister may if he thinks fit direct the Secretary to authorize a person to take the proceedings.
S. 188A(8) inserted by No. 8492 s. 2(a).
(8) For the purposes of this section—
(a) the person by or on whose behalf a building structure standing crop improvement or thing was constructed placed or left on Crown land and a person who is or has occupied or used such a building structure standing crop improvement or thing shall be deemed to be the owner of that building structure standing crop improvement or thing; and
(b) service of a notice or complaint and summons on any one person who is or who is deemed to be the owner of such a building structure standing crop improvement or thing shall be deemed to be service on every person who is or who is deemed to be the owner of that building structure standing crop improvement or thing.
S. 188A(9) inserted by No. 8492 s. 2(a).
(9) Nothing in this section shall be taken to limit restrict or affect any other privilege or remedy that the Crown or any person acting on behalf of the Crown has in relation to Crown land.
S. 189 amended by Nos 7228 s. 7(Sch. 4 Pt 19(ja)), 9861 s. 3(1), 41/1987 s. 103(Sch. 4 item 39.38), repealed by No. 89/1994 s. 38(c).
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No. 3709 s. 153.
S. 190 amended by Nos 7548 s. 6(c), 13/1990 s. 41(g), 92/1990 s. 128(Sch. 1 item 13.7), 10/2004 s. 15(Sch. 1 item 14.9), 63/2006 s. 61(Sch. item 19).