Queensland Consolidated Acts

LAND ACT 1994 - SECT 405B

405B Occupation fee for unlawful occupation by offeree until grant of tenure

(1) This section applies if—

(a) the chief executive is satisfied a person is or has been unlawfully occupying land; and

(b) the person has, under this Act, been made an offer of a tenure in relation to the land; and

(c) the person has accepted the offer, whether or not the tenure has been granted.

(2) The chief executive may, for the State, by notice to the person, charge the person a fee for the person’s occupation of the land for the period from when the chief executive is reasonably satisfied the person started to unlawfully occupy the land to when the tenure starts.

(3) A notice may be for all or a stated part of the period.

(4) The fee must be reasonable.

(5) The fee is taken to be reasonable if it represents an amount that would have been payable by the person to the State had the person held the tenure, or a tenure of that type for the land, during the period.

(6) The amount of the fee is a debt owing by the person to the State.