Queensland Consolidated Acts

QUEENSLAND HERITAGE ACT 1992 - SECT 152

152 Notice of damage

(1) This section applies if—

(a) an authorised person damages property when exercising or purporting to exercise a power under this division; or

(b) a person (the
"other person" ) acting under the direction of an authorised person damages property.

(2) The authorised person must promptly give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.

(3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the control of the authorised person or other person, the authorised person may state it in the notice.

(4) If, for any reason, it is impracticable to give the notice to the person mentioned in subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5) This section does not apply to damage the authorised person reasonably believes is trivial.

(6) In this section—

"owner" , of property, includes the person in possession or control of it.