Queensland Consolidated Acts

LAND ACT 1994 - SECT 403N

403N Authorised officer may give direction

(1) This section applies in relation to a person on unallocated State land or relevant trust land.

(2) An authorised officer may direct the person to leave the land, or a stated part of the land, if the authorised officer reasonably believes—

(a) it is unsafe for the person to remain on the land; or

Example of when it may be unsafe for a person to remain on the land—

A controlled burn is being carried out on the land.

(b) the person is contravening a requirement of a regulatory notice that applies to the land and leaving the land is the only way the person can comply with the requirement.

Example—

A person is driving a vehicle in a part of unallocated State land where the driving of vehicles is prohibited under a regulatory notice. An authorised officer may direct the person to leave the part of the unallocated State land to which the regulatory notice applies.

(3) The direction may be given orally or in writing.

(4) If the direction is given orally, the authorised officer must, when giving the direction, tell the person—

(a) for a direction under subsection (2) (a) —

(i) why it is unsafe for the person to remain on the land; and

(ii) that it is an offence for the person not to comply with the direction unless the person has a reasonable excuse; or

(b) for a direction under subsection (2) (b) —

(i) the requirement of the regulatory notice the authorised officer believes is being contravened; and

(ii) the way in which it is believed the requirement is being contravened; and

(iii) that it is an offence for the person not to comply with the direction unless the person has a reasonable excuse.

(5) If the direction is given in writing, the direction must state the matters mentioned in subsection (4) (a) or (b) .

(6) The person must comply with the direction unless the person has a reasonable excuse.

Penalty—

Maximum penalty—400 penalty units.

(7) In this section—

"relevant trust land" means—

(a) trust land of which the State is the trustee; or

(b) trust land for which there is no trustee.