Queensland Consolidated Acts

LAND ACT 1994 - SECT 431ZI

431ZI Court’s decision about remedial action

(1) This section applies if an interested person makes an application to the court under section 431ZH (5) .

(2) The court must fix a date for the hearing and immediately give written notice of the date to—

(a) the chief executive; and

(b) the interested person.

(3) The date for the hearing must be at least 20 business days after the day on which it is fixed by the court.

(4) If the court considers it appropriate, the court may order that remedial action be taken in relation to the land or thing stated in the notice.

(5) In deciding whether to order remedial action, or what remedial action should be ordered, the court may consider the following matters—

(a) whether it is likely the damage to the land or thing was caused or contributed to by a relevant person or another person entering the adjacent land under this part, or with the consent of the occupier of the land, to carry out an authorised activity;

(b) whether the damage was reasonably necessary for carrying out the authorised activity;

(c) whether the person who caused or contributed to the damage took reasonable steps to avoid the damage;

(d) whether the land or thing can be returned to the condition it was in before the damage;

(e) the consequences of the damage on the use of the land or thing by the interested person;

(f) whether the claim is vexatious.

(6) An order made under subsection (4) may state—

(a) when the remedial action is to be taken; and

(b) conditions on which the remedial action is to be taken.

(7) The court may, for a matter decided under this section, make any order about costs the court considers appropriate.