Document ID: chunk:federal_register_of_legislation:F2024C00976:reg:53
Version: federal_register_of_legislation:F2024C00976
Segment Type: reg
Provision Reference: reg 53
Character Range: 60952–62379

53  Ranger may remove obstructions etc. if order not complied with
 (1) If:
 (a) a person is given an order under section 52 to remove an obstruction or encroachment; and
 (b) the person fails to comply with the order;
a ranger may (with whatever assistance is reasonably necessary) remove the obstruction or encroachment.
 (2) A person who contravenes an order under section 52 is liable, by way of penalty, to pay to the Trust, on behalf of the Commonwealth, an amount equal to so much of the costs incurred by the Trust in rectifying the contravention as are reasonable.
 (3) An amount under subsection (2) may be recovered by the Trust as a debt due to the Trust, on behalf of the Commonwealth, in:
 (a) the Federal Court of Australia; or
 (b) the Federal Circuit and Family Court of Australia (Division 2); or
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.
 (4) If a ranger removes an obstruction or encroachment, none of the following are liable for any loss of, or damage to, anything causing the obstruction or encroachment that occurs while it is being removed with reasonable care and in accordance with this section:
 (a) the ranger;
 (b) any person who assists the ranger;
 (c) the Trust.
 (5) The Trust may exercise its functions or powers under this section whether or not the person referred to in subsection (1) has been prosecuted for an offence under subsection 52(4).