Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006 - SECT 183

183 Removal of unauthorised structures and works

(1) This section applies if an authorised officer reasonably believes a structure has been unlawfully erected or works have been unlawfully carried out in a recreation area and need to be removed from the area.

(2) The authorised officer may—

(a) seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the works can not be removed, stabilise or rehabilitate the works; or

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

(c) if the name of a person responsible for the structure or works is not known—

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

(ii) if the authorised officer believes the structure or works, and anything in the structure, has a total 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 structure or works, within a stated period, to take reasonable action to—

(a) remove the structure or works, and anything in the structure, and restore the place from which it is removed, as nearly as practicable to its former state; or

(b) if the works can not be removed—stabilise or rehabilitate the works.

Example of subsection (3)(b)—

A person who has unlawfully constructed a walking track in a recreation area may be given a notice to rehabilitate the part of the area in which the track is constructed.

(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 notice is not complied with, the officer may seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the work can not be removed, stabilise or rehabilitate the works.

(7) In this section—

"person responsible" , for the erection of an unlawful structure or carrying out an unlawful works, includes the person in possession of the structure or works.