Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 55

55 Transfer of land the subject of restoration notice

(1) If a person has an interest in land the subject of a restoration notice and all or part of the interest, to the extent it is the subject of the restoration notice, is transferred, in any way, to another person (the
"transferee" ), on the transfer—

(a) a reference in the restoration notice to the person is taken to be a reference to the transferee; and

(b) the restoration notice is taken to have been given to the transferee on the transfer of the interest; and

(c) any outstanding liability, other than criminal liability, of the person becomes a liability of the transferee.

(2) If the restoration notice requires a matter to be rectified by a stated day or within a stated period and it is not reasonably practical for the transferee to comply with the notice by the stated day or within the stated period, the transferee may ask the chief executive to extend the time for compliance with the notice.

Example—

A is given a restoration notice on 1 January 2010 requiring A to rectify a matter by 30 June 2010. In May 2010, A transfers the land the subject of the restoration notice to B.

(3) If the chief executive, by written notice given to the transferee, extends the time for compliance with the restoration notice, the restoration notice is taken to require the matter to be rectified within the extended time for compliance stated in the chief executive’s written notice.

(4) To remove any doubt, it is declared that on the transfer of the interest, the person to whom the restoration notice was given is not criminally liable for any contravention of the restoration notice that happens on or after the transfer of the interest.

(5) Subsections (1) to (4) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.