Victorian Consolidated Legislation

Local Government Act 1989 - SECT 226

Right of owner to carry out required work on occupied land

226. Right of owner to carry out required work on occupied land



(1) If the owner of any land is required to carry out any work by a Council
under any Act, regulation or local law the owner may give a written notice to
the occupier of the land-

   (a)  stating particulars of the work to be carried out; and

   (b)  requiring the occupier to permit the owner and any other person to
        enter the land and carry out the work.

(2) If the occupier of the land does not comply with a notice within 7 days of
being given the notice the owner of the land may apply to a magistrates' court
for an order.

(3) The magistrates' court may make an order requiring the occupier of the
land to permit the owner and any other person to enter the land and carry out
the work.

(4) The occupier of the land must comply with the order.

Penalty: 10 penalty units.

(5) While the occupier of the land fails to comply with the order the owner of
the land is excused from any penalty for failing to carry out the work.