Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 123A

123A Powers to remedy contravention of enforcement notice

(1) This section applies if a person fails to comply with an enforcement notice given to the person by MEDQ under the Planning Act , chapter 5 , part 3 as applied by section 104A .

(2) An authorised employee or agent may—

(a) enter the relevant land without the permission of the occupier; and

(b) take the action that is required under the enforcement notice.

(3) At least 7 days before entering the relevant land, the authorised employee or agent (or another EDQ employee or MEDQ agent) must give any occupier of the relevant land a notice stating—

(a) that an authorised employee or agent proposes to enter the relevant land; and

(b) the reason for the proposed entry; and

(c) the day and time of the proposed entry.

(4) If the occupier of the relevant land is present, the authorised employee or agent must do, or make a reasonable attempt to do, the following things before entering the relevant land—

(a) identify themself to the occupier by complying with section 32ZY ;

(b) tell the occupier the purpose of the entry;

(c) seek the consent of the occupier to the entry;

(d) tell the occupier that the authorised employee or agent is permitted under this Act to enter the place without the occupier’s consent and take the action required under the enforcement notice.

(5) MEDQ may recover the amount that MEDQ properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.

(6) In this section—

"authorised employee or agent" means an EDQ employee or MEDQ agent who has, under section 32ZX , been issued with an identity card that is still in force.

"relevant land" , in relation to an enforcement notice—

(a) means the premises where the action is required to be taken under the enforcement notice; and

(b) does not include a home.

Note—

See also the Planning Act , section 173 , as it applies under section 104A of this Act.