Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to works—
(a) that are used, or could be used, for taking or interfering with water; and
(b) that, if the works were to be constructed at the time the show cause notice is given under subsection (2), are either—
(i) works for which a development application would be required; or
(ii) works that would be self-assessable development under the Sustainable Planning Act 2009.
(2) Despite the Sustainable Planning Act 2009, the chief executive may give any of the following persons a show cause notice as to why the person should not be required to modify or remove the works—
(a) the holder of a water entitlement under which the works are used for taking or interfering with water;
(b) a person who has held a water entitlement under which the works were used for taking or interfering with water;
(c) the owner of the land on which the works are situated.
(3) If, after considering any properly made submissions, the chief executive is still satisfied the works should be modified or removed, the chief executive may give the person a notice requiring the person to modify or remove the works and the notice is taken to be a compliance notice for this Act.
(4) If a development permit has been given under the Sustainable Planning Act 2009 for the construction of the works, the permit is changed to the extent of the requirement mentioned in subsection (3).
(5) If an appeal against the compliance notice is dismissed or the person does not appeal against the notice, the person must comply with the notice, unless the person has a reasonable excuse.
Maximum penalty—1665 penalty units.