Queensland Numbered Acts

LAND AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 19 - SECT 133

Chapter 5--

insert--

'(1) This section applies if, under section 400, a monitoring site has been established on lease land, licence land or permit land.

'(2) A person must not interfere with any of the following the existence of which the person knows or ought reasonably to know unless the person has a reasonable excuse--

(a) a marker for the monitoring site;

(b) a monitoring device that, under section 400, has been installed or placed at the monitoring site.

Maximum penalty--100 penalty units.

'(3) For subsection (2), a person is taken to know of the existence of a marker for the monitoring site and any monitoring device at the site if the marker--

(a) is made of steel or other durable material; and

(b) protrudes above the surface of the ground so as to be clearly visible; and

(c) has attached to it a tag bearing clearly legible words as follows, or words to the effect of the words: 'Monitoring site marker. Interfering with this marker or any device at this site is an offence.

'(4) In this section--

interfere with includes damage, deface or tamper with.

'In a proceeding for an offence against section 252(2), a certificate, purporting to be signed by an authorised person, and stating any of the following matters is evidence of the matters stated--

(a) that stated land was, at a stated time, or during a stated period, a monitoring site established on stated lease land, licence land or permit land;

(b) that, at the time or during the period, all or any of the following applied--

(i) a marker for the monitoring site was installed or placed at the monitoring site;

(ii) the marker complied with section 252(3)(a), (b) and (c);

(iii) a monitoring device was installed or placed at the monitoring site.'.