Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 138

138 What this division is about

(1) This division is about the powers that may be used—

(a) to enable a local government to perform its responsibilities; or

(b) to ensure that a person complies with this Act, and the other Local Government Acts, including by complying with a remedial notice.

(2) This division explains the circumstances in which a person is authorised to enter a property under this division, namely—

(a) in a potentially dangerous situation, to take urgent action; or

(b) to take action in relation to local government facilities on the property (including water or sewerage pipes, for example); or

(c) with (and in accordance with) the permission of the occupier of the property; or

(d) with (and in accordance with) a court order; or

(e) with (and in accordance with) a reasonable entry notice.

(3) The following persons may enter a property under this division—

(a) if the occupier of the property is not the owner of the property—the owner or the owner’s employee;

(b) a local government worker.

(4) A
"local government worker" is an employee, or agent, of the local government who is authorised by the local government to act under this division.

Note—

Not every employee or agent of the local government would ordinarily be authorised to act under this division.

(5) However, the local government may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.

(6) Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.