Foreshore Act 1933

Removal of dilapidated structures from foreshore.

11

11.(1) Where any building, pier, wall, or other structure erected (whether before or after the passing of this Act) with or without lawful authority on any foreshore, whether belonging or not belonging to F85[the State], is out of repair or dilapidated and in the opinion of the F86[Minister for the Environment, Heritage and Local Government] is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing F87[that Minister] may pull down and remove such structure or cause such structure to be pulled down and removed, and may for that purpose authorise any person to enter on such structure and the foreshore and the seashore adjacent thereto.

(2) The F88[Minister for the Environment, Heritage and Local Government] shall not under this section pull down or remove or cause to be pulled down and removed any structure of which the owner is known and can be found without serving on such owner a notice in writing requiring him either to repair or to pull down and remove such structure and giving him a reasonable opportunity so to do.

(3) Whenever the F89[Minister for the Environment, Heritage and Local Government] pulls down and removes or causes to be pulled down and removed any structure under this section, F90[that Minister] shall be entitled to be paid by and to recover from the owner of such structure the costs and expenses of such pulling down and removal as a civil debt in any Court of competent jurisdiction.

Annotations

Amendments:

F85

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(b) and sch. 1 part 2 item 9, commenced as per s. 1(4).

F86

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 44, commenced as per s. 1(4).

F87

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 45, commenced as per s. 1(4).

F88

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 46, commenced as per s. 1(4).

F89

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 47, commenced as per s. 1(4).

F90

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 48, commenced as per s. 1(4).