Queensland Consolidated Acts

LAND ACT 1994 - SECT 406

406 Notice to person to leave land, remove structures etc.

(1) If the chief executive is satisfied a person is unlawfully occupying land or has unlawfully done a trespass related act on land, the chief executive may give the person a notice (a
"trespass notice" ).

(2) However, the chief executive must give the person a trespass notice if—

(a) the person has, under this Act, been made an offer of a tenure in relation to the land; and

(b) the person has rejected the offer or the offer has lapsed.

(3) The trespass notice may require the person—

(a) to leave the land; or

(b) to remove from the land, improvements, goods (including stock) or anything else; or

(c) not to remove from the land, improvements, goods (including stock) or anything else; or

(d) to remove anything enclosing the land; or

(e) to do anything necessary to restore the land to its state before the person occupied the land or did anything to the land.

(4) The trespass notice must state—

(a) the period (the
"compliance period" ) within which the person must comply with the notice; and

(b) that failure to comply with the notice—

(i) is an offence; and

(ii) may result in proceedings in the Magistrates Court being started against the person.

(5) The trespass notice may be given by fixing the notice in a conspicuous position and in a reasonably secure way on the land, or on a thing on the land.

(6) The compliance period must be at least the period prescribed by regulation after—

(a) if the trespass notice is given to the person in the way mentioned in subsection (5) —the person becomes aware of the existence of the notice; or

(b) otherwise—the notice is given to the person.