QLDIn ForceAct
Fossicking Act 1994
sec.78Dealing with person contravening Act
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### sec.78 Dealing with person contravening Act
If an authorised officer believes on reasonable grounds a person is contravening or has just contravened a provision of this Act, the officer may direct the person—
to leave the land within a stated reasonable time; or
if the officer believes on reasonable grounds the contravention is serious—to leave the land immediately;
and not to re-enter the land for a stated reasonable period of not more than 7 days.
The person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—50 penalty units.
Subsection (1) (b) does not apply to the owner of the land.
A permit held by a person who is directed to leave land under this section is cancelled by force of this subsection when the person is required to have left the land.
(sec.78-ssec.1) If an authorised officer believes on reasonable grounds a person is contravening or has just contravened a provision of this Act, the officer may direct the person— to leave the land within a stated reasonable time; or if the officer believes on reasonable grounds the contravention is serious—to leave the land immediately; and not to re-enter the land for a stated reasonable period of not more than 7 days.
(sec.78-ssec.2) The person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units.
(sec.78-ssec.3) Subsection (1) (b) does not apply to the owner of the land.
(sec.78-ssec.4) A permit held by a person who is directed to leave land under this section is cancelled by force of this subsection when the person is required to have left the land.
- (a) to leave the land within a stated reasonable time; or
- (b) if the officer believes on reasonable grounds the contravention is serious—to leave the land immediately;