Victorian Consolidated Legislation

Sustainable Forests (Timber) Act 2004 - SECT 94

Authorised officer may remove obstructions in State forest

94. Authorised officer may remove obstructions in State forest



(1) An authorised officer may remove, or cause the removal of, any obstruction
in a State forest if-

   (a)  after making reasonable inquiries, the authorised officer is unable to
        identify the owner of, or a person responsible for, an obstruction in
        a State forest; or

   (b)  after being given a direction under section 93, the owner of, or a
        person responsible for, an obstruction in a State forest-

   (i)  is unable or unwilling to remove the obstruction; or

   (ii) has not removed the obstruction-

                (A)  if a time is specified in the direction, within the time
                     specified; or

                (B)  if no time is specified in the direction, within a
                     reasonable time.

(2) Without limiting the powers of an authorised officer under this section,
an authorised officer may remove, or cause the removal of an obstruction by
its destruction, if it is reasonable to do so in the circumstances.

(3) An authorised officer may dispose of anything removed under this section.

(4) An authorised officer may recover any reasonable costs incurred in taking
action under this section as a debt due and payable by the owner of, or the
person responsible for, the obstruction.

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