Document ID: chunk:federal_register_of_legislation:F2022L00472:reg:38
Version: federal_register_of_legislation:F2022L00472
Segment Type: reg
Provision Reference: reg 38
Character Range: 34925–36644

38  Removal of objects by the Commonwealth
 (1) This section applies if:
 (a) a person:
 (i) is subject to an object removal direction; and
 (ii) contravenes the direction; or
 (b) an object is on unleased National Land, and the Minister reasonably believes that the object is:
 (i) abandoned; or
 (ii) causing an obstruction or hazard on or near the unleased National Land.
 (2) The Minister may cause the object to be removed and placed in storage.
 (3) If the object is removed and placed in storage after a person who has been given an object removal direction has contravened the direction, the Minister must give the person a further notice (a retrieval notice) which states the following:
 (a) the place where the object is stored;
 (b) that the person may collect the object from the place where it is stored if, within 20 business days after the retrieval notice is given, the person pays to the Commonwealth any reasonable amount specified in the notice for:
 (i) the costs of repairing any damage to the unleased National Land caused by the removal of the object; and
 (ii) the costs of removing the object; and
 (iii) the costs of storing the object;
 (c) that unless, within the period specified in paragraph (b), the amount (if any) specified in the retrieval notice is paid and the object collected from the place where it is stored:
 (i) the object will become property owned by the Commonwealth; and
 (ii) the Minister may sell or dispose of the object as the Minister thinks fit.
 (4) Neither the Commonwealth nor any person acting under this Ordinance is liable for any reasonable loss or damage (whether to the object or otherwise) caused by the removal or storage of an object under this section.