Control of excavations in unleased Tand.
Reinstatement
of unleased land after excavation.
PART III
EXCAVATIONS IN UNLEASED LAND
8. (1) Except under and in accordance with a prospecting licence, mining licence or sand removal permit, a person shall not make or maintain any excavation in unleased land, except under and in accordance with an excavation permit issued under this section.
(2) The Authority may issue an excavation permit authorizing the making of excavations in unleased land.
(3) An excavation permit shall be valid for the period specified therein, but the Authority may extend the period for which the permit is valid.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for six months.
(5) The Authority may, if any person makes or maintains an excavation in unleased land, without an excavation permit, carry out such works as he considers accessary to reinstate and make good the land on which the excavation is made or maintained and any other land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation and may recover the cost of any work carried out by him under this sub- section from the person who made or maintained the excavation.
9. (1) A person who makes an excavation in unleased land under an excavation permit shall, before the expiry of the permit, reinstate and make good the land as required by any conditions of the permit
(2) If any unleased land is not reinstated and made good in accordance with subsection (1) either-
(a) before the expiry of the permit; or
(b) as required by any conditions of the permit.
as the case may be, the Authority may carry out such work as be considers necessary to reinstate and make good the land, and any other land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation, not- withstanding that the works for the carrying out of which the excavation was made have not been completed.
(3) The Authority may recover from the person to whom the excavation permit was issued-
(a) the cost of any work carried out by the Authority under
subsection (2); and
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(b) the cost of work carried out by the Authority to reinstate and make good any unleased land if the necessity for such work-
(i) arises within twelve months after the completion of work for the reinstatement and making good of the land under this section; and
(ii) is attributable to any fault on the part of such person or his servants or agents.
Provision of
in connexion with excavation.
10. If any condition of an excavation permit requiring the provision of facilities for the safety or convenience of the public safety facilities is contravened, the Authority may provide such facilities and recover the cost thereof from the person to whom the permit was issued.
PART IV
UNLAWFUL STRUCTURES On Leased LAND OR
LAND OCCUPIED UNDER A LICENCE
11. (1) If it comes to the knowledge of a lessee or licensee that, in breach of the Crown lease or licence, a structure-
(a) is being erected or placed on the land or on any building
on the land; or
(b) has been erected or placed thereon since 22nd October
1965,
otherwise than by him or on his behalf, the lessee or licensee shall notify the Authority within forty-eight hours.
(2) Any person who without reasonable excuse contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.
(3) In proceedings for an offence under subsection (2), the lessee or licensee shall be presumed to have known that the structure was being or had been erected or placed on the land, unless he proves that he did not know, and could not reasonably have known, of the same.
12. (1) If a structure is being or has been erected or placed on leased land, or land occupied under a licence, in breach of a Crown lease or licence, the Authority may, by notice in writing served on the lessee or licensee, require him to demolish the structure before such date as may be specified in the notice,
(2) If a lessee or licensed does not comply with a notice served on him under subsection (1), any public officer, or other
Duty of lessae or licensee to notify Authority of unlawful structure.
Demolition of unlawful structures,
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