Queensland Consolidated Acts

LAND ACT 1994 - SECT 214

214 Minister’s power to give remedial action notice

(1) The Minister may give a lessee or licensee a notice (a
"remedial action notice" ) to take stated remedial action, within the reasonable time stated in the notice, if—

(a) a ground for giving the notice exists; and

(b) section 214A has been complied with.

(2) For subsection (1) (a) a ground for giving the notice is that—

(a) the Minister is satisfied the lessee or licensee is—

(i) using the lease land or licence land—

(A) in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199 ; or

(B) in a way that is likely to cause, or that has caused, land degradation; or

(ii) breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or

Note—

A lease may be forfeited under section 234 (b) for breach of a condition of the lease that there must be a land management agreement for the lease.

(iii) in contravention of a provision of this Act in relation to the lease or licence; or

(b) the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable.

(3) If the notice relates to a lease and is given on the ground the Minister is satisfied the lessee has breached a condition of the lease applying under section 199B , the remedial action may require the lessee to—

(a) for the breach of a condition applying under section 199B (a) —carry out repairs to bring a stated building or another structure into a good and substantial state of repair; or

(b) for the breach of a condition applying under section 199B (b) (i) or (ii) —remove or demolish a stated building or another structure.

(4) If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions.

(5) The lessee or licensee must be given a notice of the decision to give the remedial action notice and the reasons for the decision.