New South Wales Repealed Acts

This legislation has been repealed.

RIVERS AND FORESHORES IMPROVEMENT ACT 1948 - SECT 22F

22F Impounding orders--material removed from protected land

(1) If the Constructing Authority is satisfied that a person has removed material from protected land in contravention of section 22B, the Constructing Authority may by notice in writing given to the person issue an impounding order in respect of either or both of the following:

(a) the whole or a specified part of the material removed,

(b) any specified plant or equipment used in the removal.

(2) The order takes effect immediately or from a later time specified in the notice and is subject to such conditions as the Constructing Authority may specify in the order.

(3) A person issued with an impounding order must not cause, permit, suffer or allow any material, plant or equipment that is the subject of the order to be used, moved, sold, disposed of or otherwise dealt with, except as permitted by the order.

Maximum penalty: 100 penalty units.

(4) The Constructing Authority may vary or revoke an impounding order or the conditions of an impounding order by further notice in writing given to the person concerned.

(5) An impounding order remains in force until one of the following happens:

(a) the order is revoked by the Constructing Authority,

(b) a period of 12 months elapses after the order is first issued without proceedings having been commenced within that period for an offence under section 22B in respect of the removal from protected land of the material concerned,

(c) proceedings for such an offence are commenced within that period and have been finally dealt with (whether before or after the end of that period).

(6) If a person issued with an impounding order is convicted of an offence under this Part in respect of the removal of material, the court before which the person is convicted may, on the application of the Constructing Authority, make either or both of the following orders:

(a) an order that any material with which the proceedings are concerned and which is the subject of the impounding order be forfeited to the Crown,

(b) an order that any plant or equipment used in the removal of that material and which is the subject of the impounding order be forfeited to the Crown.

(7) Material, plant or equipment ordered to be forfeited to the Crown under this section is to be disposed of or otherwise dealt with by the Constructing Authority as the Minister directs. Any proceeds of disposal are to be applied towards the costs incurred by the Constructing Authority in carrying out work under section 22G in respect of the protected land from which the material concerned was removed.