Queensland Consolidated Acts

LAND ACT 1994 - SECT 431ZD

431ZD Entering adjacent land for authorised activities

(1) A relevant person may, without consent or a warrant, enter adjacent land if—

(a) the entry is for the purpose of carrying out an authorised activity on relevant land; and

(b) the relevant person has no other reasonably practicable way of entering the relevant land without entering the adjacent land; and

(c) the relevant person has given written notice (the
"notice" ) of the entry under section 431ZC ; and

(d) the entry—

(i) happens during the period stated in the notice but after the notice period has ended; and

(ii) is for the purpose of carrying out an authorised activity stated in the notice.

(2) The relevant person may, when entering the adjacent land, take into or over the adjacent land any person or thing the relevant person reasonably requires for carrying out an authorised activity stated in the notice.

Examples of things the relevant person may reasonably require for carrying out an authorised activity—

vehicles, tools, building or landscaping supplies

(3) However, subsections (1) and (2) do not authorise—

(a) entry of a structure, or a part of a structure, without the consent of the occupier of the structure or part; or

(b) entry of adjacent land between 6p.m. and 7a.m. unless the entry is reasonably necessary to carry out an authorised activity stated in the notice during that period.

(4) In this section—

"enter" includes re-enter.

"notice period" means a period of 10 business days starting on the day the occupier of the adjacent land is given the notice.