Queensland Consolidated Acts

LAND ACT 1994 - SECT 420AA

420AA How property may be dealt with

(1) This section applies if a thing becomes the property of the State under—

(a) section 408 ; or

(b) a trespass order.

(2) The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it, giving it away or otherwise disposing of it.

(3) However, if the thing is forfeited to the State under a trespass order, the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the making of the trespass order.

(4) The State may recover from the former owner any costs reasonably incurred in disposing of the thing (the
"disposal costs" ) as a debt due to the State.

Examples of disposal costs—

transport costs, dump fees, storage costs, costs of sale

(5) If the chief executive sells the thing or any part of it, the amount for which the thing or part is sold must be offset against the amount that may otherwise be recovered under subsection (4) .

(6) If the amount for which the thing or part is sold is greater than the disposal costs, the chief executive must, after deducting the disposal costs, make reasonable efforts to return the proceeds of the sale to the former owner.

(7) In this section—

"former owner" , in relation to a thing that has been forfeited, means the person who owned the thing immediately before the forfeiture.