LAND ACT 1958 - SECT 404 Liability to pay occupation fees after notice

LAND ACT 1958 - SECT 404

S. 404(1) amended by Nos 10011 s. 21(a)–(c), 10087 s. 3(1)(Sch. 1 item 139), 41/1987 s. 103(Sch. 4 item 39.57), 96/1994

s. 33(n)(i)(ii), 76/1998 s. 11(m), 74/2000 s. 3(Sch. 1 item 66.3).

    (1)     Where by this Part a duty is imposed upon any person to obtain a licence under Division 8 of Part I or section 138 of this Act to enter and use an unused road or a water frontage, he shall after receiving from the Secretary written notice of his duty so to do and until he constructs a fence on the common boundary of his land and the unused road or water frontage as provided in this section pay an occupation fee for so much of the unused road or water frontage as is specified in the notice as from the date specified therein and such fee shall be due and payable whether he obtains a licence or not and may be recovered accordingly.

S. 404(2) amended by Nos 7733 s. 36, 10011 s. 21(d), 40/2020 s. 50.

    (2)     Every person who refuses or neglects to obtain a licence to enter and use an unused road or a water frontage after receiving any such notice shall within six months from the date of such notice in lieu of obtaining or paying for a licence construct a fence on the common boundary of his land and the unused road or water frontage and shall keep the fence in good repair.

S. 404(3) amended by No. 96/1994 s. 33(n)(ii).

    (3)     If any occupation fee is not duly paid or if (as the case may be) any fence is not constructed or kept in good repair as aforesaid the person in default shall be liable to a penalty of not more than $2 for every day the occupation fee is unpaid or the fence is not constructed as aforesaid or is not kept in good repair.

S. 404(4) inserted by No. 10011 s. 21(e), amended by Nos 41/1987 s. 103(Sch. 4 item 39.57), 79/1993 s. 11(c), 96/1994 s. 33(n)(iii), 76/1998 s. 11(m).

    (4)     Where a person refuses or fails to pay a occupation fee within three months after receiving notice pursuant to subsection (1) an authorised officer or any person authorized in that behalf by the Secretary may demolish and remove any fencing erected across an unused road or water frontage and the costs and expenses of and incidental to any removal may be recovered from the person who refused or failed to pay the fee.

S. 405 inserted by No. 6794 s. 3, amended by No. 9805 s. 2(i), substituted by No. 10011 s. 22, amended by Nos 41/1987 s. 103(Sch. 4 items

39.58–39.61), 13/1990

s. 41(k), 52/1994

s. 97(Sch. 3 item 16.23), 89/1994 s. 38(d), repealed by No. 96/1994 s. 28.

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No. 6299 s. 910.

S. 406 inserted by No. 6794 s. 3.