Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AF

363AF Procedure if related person is not the owner of land on which action is required

(1) This section applies if an environmental protection order issued to a related person (the
"recipient" ) requires the recipient to take action on land the recipient does not own.

(2) The recipient, or person taking the action for the recipient (the
"contractor" ), may enter the land to take the action only—

(a) with the consent of the owner and occupier of the land; or

(b) if the recipient or contractor has given at least 2 business days written notice to the owner and occupier.

(3) The notice under subsection (2) (b) must inform the owner and occupier of—

(a) the intention to enter the land; and

(b) the purpose of the entry; and

(c) the days and times when the entry is to be made.

(4) In taking the action, the recipient or contractor must take all reasonable steps to ensure the recipient or contractor causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

(5) Nothing in this section authorises the recipient or contractor to enter a building used for residential purposes.

(6) If a person incurs loss or damage because of action taken by the recipient or contractor, the person is entitled to be paid by the recipient or contractor the reasonable compensation because of the loss or damage that is agreed between the recipient or contractor and the person or, failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.

(7) Subsection (6) does not apply to loss or damage incurred by the company of whom the recipient is a related person.

(8) The court may make an order about costs it considers just.