Queensland Consolidated Acts

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LAND ACT 1994 - SECT 214

214 Minister's power to give remedial action notice

(1) The Minister may give a lessee or licensee a written notice (a remedial action notice) to take stated remedial action, within the reasonable time stated in the notice, if—

(a) a ground for giving the notice exists; and
(b) section 214A has been complied with.

(2) For subsection (1)(a) a ground for giving the notice is that—

(a) the Minister is satisfied the lessee or licensee is—
(i) using the lease land or licence land—
(A) in a way that is not fulfilling the lessee's or licensee's duty of care for the land, under section 199; or
(B) in a way that is likely to cause, or that has caused, land degradation; or
(ii) breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or
Note—
A lease may be forfeited under section 234(b) for breach of a condition of the lease that there must be a land management agreement for the lease.
(iii) in contravention of a provision of this Act in relation to the lease or licence; or
(b) the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable.

(3) If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions.

(4) The lessee or licensee must be given a written notice of the decision to give the remedial action notice and the reasons for the decision.



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