QLDIn ForceAct
Local Government Act 2009
sec.136Authorised person to give notice of damage
Start here
Get a plain-English read of sec.136
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.136 Authorised person to give notice of damage
This section applies if—
something is damaged by—
an authorised person, when the authorised person exercises a power under this division; or
a person who is authorised by an authorised person to take action under this division, when the person takes the action; or
the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.
The authorised person must immediately give notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.
However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.
The owner of a thing includes a person in possession or control of the thing.
If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.
s 136 amd 2018 No. 8 s 34
(sec.136-ssec.1) This section applies if— something is damaged by— an authorised person, when the authorised person exercises a power under this division; or a person who is authorised by an authorised person to take action under this division, when the person takes the action; or the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.
(sec.136-ssec.2) The authorised person must immediately give notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.
(sec.136-ssec.3) However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.
(sec.136-ssec.4) The owner of a thing includes a person in possession or control of the thing.
(sec.136-ssec.5) If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.
- (a) something is damaged by— (i) an authorised person, when the authorised person exercises a power under this division; or (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or
- (i) an authorised person, when the authorised person exercises a power under this division; or
- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or
- (b) the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.
- (i) an authorised person, when the authorised person exercises a power under this division; or
- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or