Queensland Consolidated Acts

LAND ACT 1994 - SECT 390ZZF

390ZZF Notice of damage

(1) This section applies if—

(a) an authorised officer damages something when exercising, or purporting to exercise, a power; or

(b) a person (the
"assistant" ) acting under the direction or authority of an authorised officer damages something.

(2) However, this section does not apply in relation to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes—

(a) there is no-one apparently in possession of the thing; or

(b) the thing has been abandoned.

(3) The authorised officer must give notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing.

(4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must—

(a) leave the notice at the place where the damage happened; and

(b) ensure it is left in a conspicuous position and in a reasonably secure way.

(5) The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the authorised officer.

(6) However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.

(7) If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.

(8) The notice must state—

(a) particulars of the damage; and

(b) that the person who suffered the damage may claim compensation under section 390ZZG .