Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 409

409 Procedure to be followed if recipient is not owner

(1) This section applies if the recipient of a notice to prepare or commission a draft site management plan for land is not the land's owner.

(2) The recipient, or person preparing the plan for the recipient (the consultant), may enter the land to prepare the site management plan only—

(a) with the consent of the owner and occupier of the land; or
(b) if the recipient or consultant has given at least 5 business days written notice to the owner and occupier.

(3) The notice must inform the owner and occupier of—

(a) the intention to enter the land; and
(b) the purpose of the entry; and
(c) the days and times when the entry is to be made.

(4) In preparing the plan, the recipient or consultant must take all reasonable steps to ensure the recipient or consultant causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

(5) Nothing in this section authorises the recipient or consultant to enter a building used for residential purposes.

(6) If a person incurs loss or damage because of the entry of the land by the recipient or consultant to prepare a site management plan, the person is entitled to be paid by the recipient or consultant the reasonable compensation because of the loss or damage that is agreed between the recipient or consultant and the person, or failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.

(7) The court may make the order about costs it considers just.



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