185.Subsection (1) provides the Authority may, for the purpose of carrying out operations or consequential works of reinstatement on land, remove and dispose of any property situated on the land that belongs to another person. Such property might include machinery that needs to be moved before the operations can commence or could, for example, comprise materials from the disused tip.
186.Subsection (2) provides that if the Authority disposes of such property by selling it, the Authority must account to the owner of the property for the proceeds of sale. However, subsection (3) enables the Authority to deduct any expenses that are reasonably incurred in selling the property and to offset the proceeds of sale against any sum the Authority is entitled to recover from the owner of the property under Chapter 3.
Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 45 – Authority's right to remove and dispose of property