Queensland Consolidated Acts

LAND ACT 1994 - SECT 403J

403J Safety notice requiring demolition or removal

(1) This section applies if—

(a) a person is given a safety notice under section 403G (2) (c) ; and

(b) the person fails to comply with the notice, whether or not the person has been convicted of an offence against section 403H for the noncompliance.

(2) The chief executive may give the person a notice (a
"warning notice" ) stating—

(a) the chief executive is satisfied the person has failed to take a stated safety action required under the safety notice; and

(b) if the person fails to take the safety action within 7 days after the person is given the warning notice (the
"relevant period" ), the State may—

(i) take the safety action; and

(ii) recover from the person the reasonable costs of taking the safety action, including any disposal costs, as a debt due to the State.

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

(4) If the person does not, within the relevant period, take the safety action required under the safety notice, the State may—

(a) take the safety action; and

(b) for the purpose of taking the safety action, remove anything in or on the building, structure or equipment to which the safety notice applies; and

(c) recover from the person the reasonable costs of taking the safety action as a debt due to the State.

(5) When the safety action is started, the building, structure or equipment to which the safety notice applies is forfeited to the State.

(6) If a thing becomes the property of the State under subsection (5) , the chief executive may deal with the thing (the
"forfeited thing" ) as the chief executive considers appropriate, including, for example, by destroying it, giving it away or otherwise disposing of it.

(7) For subsection (4) (c) , the costs of taking the safety action include the following costs (each the
"disposal costs" )—

(a) any costs reasonably incurred in disposing of the forfeited thing or any part of it;

Examples of disposal costs—

transport costs, dump fees, storage costs, costs of sale

(b) any costs reasonably incurred in removing a thing in or on the forfeited thing for the purpose of taking the safety action.

(8) If the chief executive sells the forfeited thing, or any part of it, the amount for which the thing or part is sold must be offset against the amount that may otherwise be recovered under subsection (4) (c) .

(9) If the amount for which the forfeited thing or part is sold is greater than the reasonable costs of taking the safety action and any disposal costs, the chief executive must, after deducting the costs of taking the safety action and any disposal costs, make reasonable efforts to return the proceeds of the sale to the person.