Queensland Consolidated Acts

LAND ACT 1994 - SECT 180I

180I Chief executive may give improvements notice

(1) The chief executive may, within 3 months after a permit is cancelled, give the person who, immediately before the cancellation, was the permittee for the permit a notice (an
"improvements notice" ) requiring the person, within a stated period, to—

(a) carry out repairs to bring a stated building or another structure on the relevant land into a good and substantial state of repair; or

(b) remove a stated building or another structure from the relevant land; or

(c) remediate the relevant land to the reasonable standard stated in the notice.

(2) For subsection (1) , the stated period must be a reasonable period, of not less than 3 months, having regard to the nature of the action required under the improvements notice.

(3) An improvements notice may require the repair of a building or another structure only if the chief executive is satisfied the building or structure is not in a good and substantial state of repair.

(4) An improvements notice may require the removal of a building or another structure only if the chief executive is satisfied—

(a) 1 or more of the following applies for the building or structure—

(i) the building or structure is not consistent with the purpose for which the permit was issued;

(ii) the presence of the building or structure on the relevant land may substantially hinder options for the future use or allocation of the land;

(iii) the presence of the building or structure on the relevant land, or the condition of the building or structure, is likely to be a substantial liability for the State;

(iv) the building or structure is not in a good and substantial state of repair and it is not practicable to bring the building or structure into a good and substantial state of repair; and

(b) the permit was not subject to a condition requiring the building or structure to remain on the relevant land or prohibiting its removal.

(5) An improvements notice may require the remediation of the relevant land only if the chief executive is satisfied—

(a) the land has been affected by a building or another structure on the land; or

(b) the land has been, or is likely to be, affected by the removal of a building or another structure from the land.

(6) In deciding whether to give the person an improvements notice, the chief executive must consider any representations included in an improvements report given by the person.

(7) The improvements notice must be accompanied by or include an information notice about the decision to give the improvements notice.

(8) In this section—

"relevant land" , in relation to a permit that has been cancelled, means the land that was subject to the permit before its cancellation.