Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 335B

335B Requirements for giving compliance direction

(1) A compliance direction must state the following—

(a) that the authorised officer giving it believes the person given the direction—

(i) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or

(ii) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;

(b) the provision the authorised officer believes is being, has been, or is likely to be, contravened;

(c) the reasons for the belief;

(d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.

(2) The direction must include, or be accompanied by, a review and appeal notice about the decisions to give the direction and to fix the period.

(3) The direction may be given orally if—

(a) for any reason it is not practicable to give the direction in writing; and

(b) the authorised officer giving it warns the person it is an offence not to comply with the direction.

(4) If the direction is given orally, the authorised officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.

(5) In this section—

"review and appeal notice" , for a decision, means a written notice stating the following—

(a) the rights of internal review and appeal under the applied provisions under section 335D ;

(b) the period in which any internal review must be started;

(c) how rights are to be exercised;

(d) that a stay of a decision the subject of an appeal under the applied provisions may be applied for.