Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 133

133 Entry by a council worker, with reasonable entry notice, to take materials

(1) This section applies if, in the circumstances, the council has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.

(2)
"Relevant land" means land, other than protected land, that is—

(a) within Brisbane; or

(b) if the council has the written approval of the Minister, under section 11 (4) (b) (i) , to exercise its powers outside of Brisbane—outside of Brisbane; or

(c) if the council may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.

(3)
"Protected land" is land that is—

(a) the site of, or curtilage around, a home or other structure; or

(b) a court, lawn, park, planted walk or avenue or yard; or

(c) under cultivation (including a garden, nursery or plantation, for example); or

(d) a State forest or timber reserve under the Forestry Act ; or

(e) a protected area under the Nature Conservation Act 1992 .

(4) After giving a reasonable entry notice to the owner and the occupier of the rateable land, a council worker may—

(a) enter the land without the permission of the occupier of the land; and

(b) search for materials that the council requires to perform its responsibilities; and

(c) remove the materials from the land.

Example—

The council may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain.

(5) However, the council worker must, as soon as the council worker enters the property—

(a) inform any occupier of the property—

(i) of the reason for entering the property; and

(ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and

(b) produce his or her identity card for the occupier of the property to inspect.

(6) The council worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).