sec.123Application of local government entry powers for MEDQ’s functions or powers

sec.123 Application of local government entry powers for MEDQ’s functions or powers

This section applies to— land in, or a structure on, a priority development area or a lot adjoining the priority development area; or land or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure. The local government entry powers provisions apply to MEDQ and each authorised employee or agent of MEDQ as if— MEDQ were a local government; and the authorised employee or agent were an employee or agent of a local government; and a reference to the local government were a reference to MEDQ; and a reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and a reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers— the exercise of the jurisdiction of local government; the exercise of a power under a local government Act; the exercise of the local government’s jurisdiction; local government purposes; and a reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land. However, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of MEDQ must do, or make a reasonable attempt to do, the following things— identify himself or herself to the occupier, by complying with section 31 ; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent. If the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place. Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry. In this section— authorised employee or agent , of MEDQ, means an EDQ employee or MEDQ agent whom MEDQ authorises to exercise powers under this section. local government entry powers provisions means— for land outside the City of Brisbane—the Local Government Act 2009 , sections 144 , 146 and 147 ; or for land in the City of Brisbane—the City of Brisbane Act 2010 , sections 134 , 136 and 137 . lot see the Planning Act , schedule 2 . s 123 amd 2016 No. 17 s 121 ; 2016 No. 27 s 193 ; 2019 No. 11 s 103 ; 2024 No. 32 s 43 (sec.123-ssec.1) This section applies to— land in, or a structure on, a priority development area or a lot adjoining the priority development area; or land or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure. (sec.123-ssec.2) The local government entry powers provisions apply to MEDQ and each authorised employee or agent of MEDQ as if— MEDQ were a local government; and the authorised employee or agent were an employee or agent of a local government; and a reference to the local government were a reference to MEDQ; and a reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and a reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers— the exercise of the jurisdiction of local government; the exercise of a power under a local government Act; the exercise of the local government’s jurisdiction; local government purposes; and a reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land. (sec.123-ssec.3) However, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of MEDQ must do, or make a reasonable attempt to do, the following things— identify himself or herself to the occupier, by complying with section 31 ; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent. (sec.123-ssec.4) If the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place. (sec.123-ssec.5) Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry. (sec.123-ssec.6) In this section— authorised employee or agent , of MEDQ, means an EDQ employee or MEDQ agent whom MEDQ authorises to exercise powers under this section. local government entry powers provisions means— for land outside the City of Brisbane—the Local Government Act 2009 , sections 144 , 146 and 147 ; or for land in the City of Brisbane—the City of Brisbane Act 2010 , sections 134 , 136 and 137 . lot see the Planning Act , schedule 2 .