Commonwealth Numbered Regulations

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SYDNEY HARBOUR FEDERATION TRUST REGULATIONS 2001 2001 No. 296 - REG 37

Trust may give orders
(1)
Subject to this regulation and to regulation 38, the Trust may order any person engaged in promoting, conducting or carrying out an activity on Trust land:

(a)
not to promote, conduct or carry out the activity; or

(b)
to cease promoting, conducting or carrying out the activity; or

(c)
to do, or not to do, such things, in relation to the activity, as are specified in the order and in a way, if any, specified in the order.

(2)
The Trust may give an order under subregulation (1) only if any of the circumstances mentioned in subregulation (3) exist.

(3)
For subregulation (2), the circumstances are that there are reasonable grounds for believing that the activity:

(a)
contravenes these Regulations; or

(b)
contravenes a condition of a licence or permit granted to the person; or

(c)
constitutes, or is likely to constitute, a public hazard or a threat to public health or safety; or

(d)
is causing, or is likely to cause, pollution or environmental damage, or further pollution or environmental damage, on Trust land or elsewhere.

(4)
If an order is made under paragraph (1) (a) or (b) in respect of an activity, an order may be made under paragraph (1) (c) in respect of the same activity.

(5)
Without limiting paragraph (1) (c), an order may be given under that paragraph to:

(a)
demolish, repair or remove a structure on Trust land; or

(b)
collect, remove or dispose of any plant, noxious substance, litter, refuse or waste on Trust land; or

(c)
repair any environmental damage on Trust land.

(6)
A person may apply to the Administrative Appeals Tribunal for the review of a decision by the Trust to give an order under this regulation.



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