Queensland Consolidated Acts

LAND ACT 1994 - SECT 410

410 Chief executive may start proceeding

(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 start a proceeding in the Magistrates Court.

(2) The chief executive may start a proceeding whether or not a trespass notice has been given to a person.

(3) The proceeding must be started in the Magistrates Court nearest to the land the subject of the proceeding.

(4) The chief executive starts the proceeding by—

(a) filing a notice (a
"proceeding notice" ) with the registrar of the Magistrates Court stating the orders sought by the chief executive; and

(b) giving a copy of the proceeding notice to the person mentioned in subsection (1) .

(5) The proceeding notice must state the grounds on which the orders of the court are sought.

(6) However, if a trespass notice has been given to a person, a proceeding may be started by the chief executive only if—

(a) the relevant period has expired and the person has not started a proceeding under this division about the trespass notice; or

(b) the person has started, but has discontinued or not continued a proceeding under this division about the trespass notice.