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LAND ADMINISTRATION ACT 1997 - SECT 271

LAND ADMINISTRATION ACT 1997 - SECT 271

271 .         Extensions of time for s. 270

        (1)         The owner or occupier of an alleged unauthorised structure to which a notice published under section 270(2) relates may apply, in accordance with subsection (2), to the responsible entity that published the notice for the extension of the period within which the alleged unauthorised structure, its contents and the fixtures, materials and objects in its area are to be removed.

        (2)         An application under subsection (1) is to be —

            (a)         made in writing and is to set out the grounds on which the extension is sought; and

            (b)         served on the responsible entity not later than 21 days before the day specified in the relevant notice.

        (3)         The responsible entity may extend the period referred to in subsection (1) by not more than 45 days after the day specified in the relevant notice and must grant that extension only if the responsible entity is satisfied that the applicant —

            (a)         is unable to remove the alleged unauthorised structure, contents, fixtures, materials and objects from the Crown land before the day specified in that notice; but

            (b)         intends, and is able, to remove the alleged unauthorised structure, contents, fixtures, materials and objects from the Crown land within the extended period if that extension is granted.

        (4)         If an appeal is lodged under section 272(1), an extension of the period referred to in subsection (1) is to be taken to have been granted under subsection (3) extending that period by 45 days —

            (a)         after the day on which the appeal is dismissed; or

            (b)         the appeal having been dismissed, after the day specified in the relevant notice,

                whichever is the later.

        [Section 271 amended: No. 4 of 2023 s. 87.]