Queensland Consolidated Acts

LAND ACT 1994 - SECT 431ZF

431ZF Relevant person must give notice of damage

(1) This section applies if—

(a) a relevant person, or another person, enters adjacent land under this part, or with the consent of the occupier of the land, to carry out an authorised activity; and

(b) the relevant person or other person causes or contributes to damage to the land or something on the land.

(2) However, this section does not apply if—

(a) the relevant person reasonably considers the damage is trivial; or

(b) for damage to a thing—the relevant person reasonably believes there is no-one in possession of the thing.

(3) The relevant person must give notice of the damage to the occupier of the adjacent land.

(4) However, if it is not practicable to comply with subsection (3) , the relevant person must—

(a) leave the notice at the place where the damage happened; and

(b) ensure the notice is left in a conspicuous position and in a reasonably secure way.

(5) The notice must state—

(a) particulars of the damage; and

(b) that the owner of the land or thing may seek remediation of the damage under this division.

(6) If the relevant person believes the damage was caused by a latent defect, or other circumstances beyond the control of the person who caused or contributed to the damage, the relevant person may state the belief in the notice.