Queensland Consolidated Acts

LAND ACT 1994 - SECT 431T

431T Management of declared beach area and conditions of use

(1) A regulation may state whether the manager of a declared beach area is the State or the local government in whose local government area the declared beach area is located.

(2) If no manager is stated, the State is the manager.

(3) A regulation may state conditions of use (
"use conditions" ) to apply to—

(a) a particular declared beach area; or

(b) some or all declared beach areas generally.

(4) Use conditions may apply to a declared beach area whether or not the State is the manager of the area.

(5) A regulation may include a penalty for contravention of a use condition stated in the regulation.

Note—

Under section 448 , a regulation may prescribe a penalty of not more than 100 penalty units for an offence created under the regulation.

(6) A local government may make a local law that states conditions of use (also
"use conditions" ) to apply to—

(a) a particular declared beach area for which it is the manager; or

(b) some or all declared beach areas generally for which it is the manager.

(7) A local law mentioned in subsection (6) may include a penalty for contravention of a use condition stated in the local law, but the penalty must not be more than 100 penalty units.

(8) Use conditions for a declared beach area as stated in a local law apply subject to use conditions applying to the declared beach area as stated in a regulation.

(9) Without limiting subsection (3) or (6) , use conditions may include conditions about any of the following—

(a) limiting access to the declared beach area to particular times, including, for example, by limiting access to daylight hours or to particular hours according to the season;

(b) whether vehicles are permitted on the declared beach area;

(c) whether any activities are prohibited on the declared beach area, including, for example, whether camping is prohibited;

(d) whether dogs or other animals are permitted on the declared beach area;

(e) whether fires may be lit on the declared beach area;

(f) the nature and legal effect of signs erected on the declared beach area by the manager of the area.

(10) Without limiting the issues that may be considered, the Minister or a local government may, in devising use conditions, consider the following issues—

(a) safety of the public;

(b) the particular circumstances of the owner of the lot of which the declared beach area forms a part;

(c) particular issues raised by members of the public, including, for example, whether the use of a vehicle on the declared beach area may be necessary for accessing another area;

(d) environmental issues, including, for example, turtle-breeding habitat requirements;

(e) the location of relevant existing infrastructure.