New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 159

159 Removal of trespassers from public land

(1) An authorised person may issue to a person, and file in the Local Court, an application notice:

(a) alleging that the person is in unlawful occupation of public land or is unlawfully using public land, and

(b) requiring the person to appear before the Local Court at a specified date, time and place.

(2) Unlawful occupation or use includes occupation or use purporting to be under a forfeited or expired holding.

(3) On appearance of a person in answer to an application notice (or on proof of service of the notice on the person or at the person’s last known place of residence or business), the Local Court shall hear and inquire into the subject-matter of the notice.

(4) On being satisfied as to truth of the matters alleged in an application notice, the Local Court shall issue a warrant addressed to any authorised person requiring and authorising the person to:

(a) dispossess and remove the person in unlawful occupation of, or unlawfully using, the land,

(b) remove any buildings or goods from the land, and

(c) take possession of the land on behalf of the Crown.

(5) The Local Court, for any reason it thinks fit, may order that the execution of a warrant be delayed for a specified time.

(6) In proceedings under this section the Local Court may make such orders as to the payment of costs as to the Court seem just and reasonable.