Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006 - SECT 182

182 Abandoned property

(1) This section applies if an authorised officer reasonably believes property, other than a structure or works mentioned in section 183 , has been abandoned in a recreation area and needs to be removed from the area.

(2) The authorised officer may—

(a) seize the property and take the steps that are reasonable and necessary to remove it; or

(b) if the name of a person responsible for the property is known—give the person a written notice; or

(c) if the name of a person responsible for the property is not known—

(i) if practicable, display a notice in a prominent position on the property; and

(ii) if the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.

(3) A notice under this section requires a person responsible for the property, within a stated period, to take reasonable action to—

(a) remove the property; and

(b) restore the place from which it is removed, as nearly as practicable, to its former state.

(4) The stated period must be reasonable in the circumstances and at least 20 business days after the notice is given or displayed.

(5) A person given a notice under subsection (2) (b) must ensure the notice is complied with, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—50 penalty units.

(6) If the property is not removed within the time stated in the notice, the officer may seize the property and take the steps that are reasonable and necessary to remove it.

(7) In this section—

"person responsible" , for abandoned property, includes the person in control of the property immediately before it was abandoned.