Queensland Consolidated Acts

COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 124

124 Obligation to keep particular structure in safe condition

(1) Subsection (2) applies to tidal works that included the construction of a structure if a relevant person, and any person authorised by the relevant person, has a right to occupy and use State tidal land for maintaining and using the structure under section 123 (5) .

(2) A relevant person for the tidal works must ensure the structure is maintained in a safe condition.

(3) Subsection (4) applies to a structure for which there is a sanction or authorisation mentioned in section 171 that, under that section, has (together with any of its conditions) effect as if it were a development approval for operational work that is tidal works.

(4) The following persons must ensure the structure is maintained in a safe condition—

(a) a person who is an owner of freehold land, or a lessee of land leased from the State, if the land—

(i) is above high-water mark; and

(ii) is connected to, or receives the benefit of, the structure;

(b) anyone else, including, for example, a local government acting as a trustee, who is responsible—

(i) under any law or agreement to ensure the structure is in a safe condition; or

(ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.

(5) Subsection (2) or (4) does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(6) Without limiting subsection (5) , compliance with subsection (2) or (4) does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(7) Also, a breach of an obligation under subsection (2) or (4) does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

Note—

For the consequences of a failure to comply with the obligation under subsection (2) or (4) , see part 3 , division 2 .

(8) In this section—

"relevant person" see section 123 (6) .