Queensland Consolidated Acts

LAND ACT 1994 - SECT 403G

403G Chief executive may give safety notice

(1) This section applies if the chief executive reasonably believes a building or other structure or equipment on non-freehold land—

(a) is dangerous; and

(b) poses a serious risk to the safety of the public.

(2) The chief executive may give the occupier of the land on which the building, structure or equipment is situated a notice (a
"safety notice" ) requiring the person, within a stated reasonable period, to take any of the following actions (each a
"safety action" )—

(a) to repair or rectify the building, structure or equipment to make it safe;

(b) to fence off the building, structure or equipment to protect the public;

(c) to demolish or remove the building, structure or equipment.

(3) However, a person may be required to take a safety action mentioned in subsection (2) (c) only if—

(a) the chief executive reasonably believes it is not possible or practicable to take steps to comply with a safety action mentioned in subsection (2) (a) or (b) ; and

(b) the chief executive has complied with division 1 .

(4) The safety notice must be accompanied by or include an information notice about the decision to give the safety notice.

(5) In this section—

"occupier" , of land, means—

(a) if the land is the subject of a lease registered under this Act—the lessee of the land; or

(b) if the land is a reserve—the trustee of the reserve; or

(c) if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.