Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if the registrar—
(a) has given an entity (other than the land owner) notice under section 34 (Intention to make rectification order); and
(b) after considering any submissions made within the time mentioned in the notice, is satisfied that the entity is contravening or has contravened this Act or an operational Act; and
(c) is not satisfied that—
(i) it is appropriate to make a rectification order in relation to the entity, because of the relationship between the entity and the land owner; and
(ii) the act that caused the contravention happened, or ended, more than 10 years before the day the Territory proposes to authorise someone under this section.
Note See s 149 for the extended meaning in this section of a contravention of this Act.
(2) The Territory may, in writing, authorise a licensee to enter the land where the work to which the notice under section 34 related was to be done and—
(a) take the action stated in the notice; or
(b) start or finish the work stated in the notice.
(3) The authorised licensee must—
(a) give the owner of the land written notice that the licensee intends to enter the land at least 24 hours before the licensee enters the land; and
(b) give a copy of the notice to the entity before entering the land.
(4) However, the Territory must not authorise someone until—
(a) if the entity applied for review of the decision to authorise a licensee under this section within the period for review (the review period ) of the decision allowed under the Administrative Appeals Tribunal Act 1989 —the review is finally disposed of; or
(b) the review period has ended.
(5) The entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.