Queensland Numbered Acts

LAND AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 19 - SECT 188

After section 405--

insert--

'(1) This section applies in relation to the chief executive's powers under this division for land to which this division applies.

'(2) The chief executive's powers are in addition to, and do not limit or otherwise affect, the corresponding powers of any trustee of, or the relevant local government for, the land.

'(3) The chief executive may decide not to exercise the chief executive's powers if the chief executive considers it is more appropriate for the trustee or local government to exercise the corresponding powers.

'(4) Subsection (3) is subject to subsection 405B(2).

'(5) In this section--

corresponding powers, of a trustee or local government, means the trustee's or local government's powers under an Act about the unlawful occupation of the land.

'(1) This section applies if--

(a) the chief executive is satisfied a person is or has been unlawfully occupying land; and

(b) the person has, under this Act, been made an offer of a tenure in relation to the land; and

(c) the person has accepted the offer, whether or not the tenure has been granted.

'(2) The chief executive may, for the State, by written notice to the person, charge the person a fee for the person's occupation of the land for the period from when the chief executive is reasonably satisfied the person started to unlawfully occupy the land to when the tenure starts.

'(3) A notice may be for all or a stated part of the period.

'(4) The fee must be reasonable.

'(5) The fee is taken to be reasonable if it represents an amount that would have been payable by the person to the State had the person held the tenure, or a tenure of that type for the land, during the period.

'(6) The amount of the fee is a debt owing by the person to the State.'.