Queensland Consolidated Acts

LAND ACT 1994 - SECT 431W

431W Status of declared beach area

(1) Subject to this part and to use conditions for a declared beach area, the area is open to public use.

(2) The manager of a declared beach area—

(a) has control of the area subject to this part and any regulation under this Act relating to the area; and

(b) is responsible for taking reasonable and practical measures to maintain the area in a safe condition.

Example of a reasonable and practical measure for paragraph (b)—

It may be a reasonable and practical measure to restrict public access to a part of a declared beach area that has significantly eroded rather than carry out extensive restoration work for the part.

Note—

See the Civil Liability Act 2003 , chapter 2 , part 3 , division 1 , for civil liability principles that apply to public and other authorities, including local governments.

(3) Control under subsection (2) (a) includes the right to take necessary steps for maintaining the declared beach area as mentioned in subsection (2) (b) .

(4) The owner of a lot of which a declared beach area forms a part, and any other person having an interest in the lot—

(a) is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the declared beach area; and

(b) is not, and can not be made, civilly liable for an act or omission of the person in relation to the declared beach area unless—

(i) the act or omission creates a risk in relation to which the person would, other than for this section, be civilly liable; and

(ii) the person intends to create the risk or is reckless as to whether the risk is created.

(5) If subsection (4) (b) prevents civil liability attaching to a person, the liability attaches instead to the State.

(6) Despite this Act or the Local Government Act 2009 , an officer or employee of the manager of a declared beach area may enter the area at any time without notice to any other person if the entry—

(a) is authorised by the manager, whether generally or otherwise; and

(b) the entry relates to the enforcement of the use conditions for the area or to fulfilling the manager’s responsibilities as the entity in control of the area.