Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AG

363AG Taking action in place of related person

(1) This section applies if—

(a) an environmental protection order is issued to a related person (the
"recipient" ); and

(b) either—

(i) the recipient fails to comply with it within the period stated in the order; or

(ii) the operation of the decision to issue the order is stayed under section 539A or 539B .

(2) An authorised person, or person acting under the direction of an authorised person (the
"contractor" ), may take any of the actions stated in the environmental protection order.

(3) For subsection (2) , the authorised person or contractor may enter land on which the actions are required to be taken—

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

(b) if the authorised person or contractor has given at least 2 business days written notice, complying with section 363AF (3) , to the owner and occupier.

(4) If the authorised person or contractor enters land under subsection (3) , section 363AF (4) to (7) applies as if a reference in the provisions to the recipient or contractor were a reference to the authorised person or contractor.

(5) Subsections (3) and (4) do not limit another provision of this Act under which an authorised person may enter land.

Note—

See also sections 452 and 458 in relation to the power to enter a place to take the actions.