sec.167Show cause notices

### sec.167 Show cause notices This section applies if an enforcement authority— reasonably believes a person has committed, or is committing, a development offence; and is considering giving an enforcement notice for the offence to the person. The enforcement authority must give the person a notice (a show cause notice ) that— states the enforcement authority is considering giving an enforcement notice to the person; and outlines the facts and circumstances that form the basis for the enforcement authority’s reason for giving an enforcement notice; and states the person may make representations about the notice to the enforcement authority; and states how the representations may be made; and states— a day and time for making the representations; or a period within which the representations must be made. The day or period stated in the show cause notice must be, or must end, at least 20 business days after the notice is given. After considering any representations made by the person as required under the show cause notice, the enforcement authority may give the enforcement notice if the enforcement authority still considers it appropriate to do so. An enforcement authority need not give a show cause notice to the person, before giving the person an enforcement notice, if— the development offence relates to— a Queensland heritage place or a local heritage place; or works that the enforcement authority reasonably believes are a danger to persons or a risk to public health; or the demolition of works; or the clearing of vegetation; or the removal of quarry material allocated under the Water Act 2000 ; or extracting clay, gravel, rock, sand or soil, not stated in subparagraph (v) , from Queensland waters; or development that the enforcement authority reasonably believes is causing erosion, sedimentation or an environmental nuisance (as defined in the Environmental Protection Act , section 15 ); or the enforcement authority reasonably believes it is not appropriate in the circumstances to give the show cause notice (because the notice is likely to adversely affect the effectiveness of the enforcement notice, for example). (sec.167-ssec.1) This section applies if an enforcement authority— reasonably believes a person has committed, or is committing, a development offence; and is considering giving an enforcement notice for the offence to the person. (sec.167-ssec.2) The enforcement authority must give the person a notice (a show cause notice ) that— states the enforcement authority is considering giving an enforcement notice to the person; and outlines the facts and circumstances that form the basis for the enforcement authority’s reason for giving an enforcement notice; and states the person may make representations about the notice to the enforcement authority; and states how the representations may be made; and states— a day and time for making the representations; or a period within which the representations must be made. (sec.167-ssec.3) The day or period stated in the show cause notice must be, or must end, at least 20 business days after the notice is given. (sec.167-ssec.4) After considering any representations made by the person as required under the show cause notice, the enforcement authority may give the enforcement notice if the enforcement authority still considers it appropriate to do so. (sec.167-ssec.5) An enforcement authority need not give a show cause notice to the person, before giving the person an enforcement notice, if— the development offence relates to— a Queensland heritage place or a local heritage place; or works that the enforcement authority reasonably believes are a danger to persons or a risk to public health; or the demolition of works; or the clearing of vegetation; or the removal of quarry material allocated under the Water Act 2000 ; or extracting clay, gravel, rock, sand or soil, not stated in subparagraph (v) , from Queensland waters; or development that the enforcement authority reasonably believes is causing erosion, sedimentation or an environmental nuisance (as defined in the Environmental Protection Act , section 15 ); or the enforcement authority reasonably believes it is not appropriate in the circumstances to give the show cause notice (because the notice is likely to adversely affect the effectiveness of the enforcement notice, for example). - (a) reasonably believes a person has committed, or is committing, a development offence; and - (b) is considering giving an enforcement notice for the offence to the person. - (a) states the enforcement authority is considering giving an enforcement notice to the person; and - (b) outlines the facts and circumstances that form the basis for the enforcement authority’s reason for giving an enforcement notice; and - (c) states the person may make representations about the notice to the enforcement authority; and - (d) states how the representations may be made; and - (e) states— (i) a day and time for making the representations; or (ii) a period within which the representations must be made. - (i) a day and time for making the representations; or - (ii) a period within which the representations must be made. - (i) a day and time for making the representations; or - (ii) a period within which the representations must be made. - (a) the development offence relates to— (i) a Queensland heritage place or a local heritage place; or (ii) works that the enforcement authority reasonably believes are a danger to persons or a risk to public health; or (iii) the demolition of works; or (iv) the clearing of vegetation; or (v) the removal of quarry material allocated under the Water Act 2000 ; or (vi) extracting clay, gravel, rock, sand or soil, not stated in subparagraph (v) , from Queensland waters; or (vii) development that the enforcement authority reasonably believes is causing erosion, sedimentation or an environmental nuisance (as defined in the Environmental Protection Act , section 15 ); or - (i) a Queensland heritage place or a local heritage place; or - (ii) works that the enforcement authority reasonably believes are a danger to persons or a risk to public health; or - (iii) the demolition of works; or - (iv) the clearing of vegetation; or - (v) the removal of quarry material allocated under the Water Act 2000 ; or - (vi) extracting clay, gravel, rock, sand or soil, not stated in subparagraph (v) , from Queensland waters; or - (vii) development that the enforcement authority reasonably believes is causing erosion, sedimentation or an environmental nuisance (as defined in the Environmental Protection Act , section 15 ); or - (b) the enforcement authority reasonably believes it is not appropriate in the circumstances to give the show cause notice (because the notice is likely to adversely affect the effectiveness of the enforcement notice, for example). - (i) a Queensland heritage place or a local heritage place; or - (ii) works that the enforcement authority reasonably believes are a danger to persons or a risk to public health; or - (iii) the demolition of works; or - (iv) the clearing of vegetation; or - (v) the removal of quarry material allocated under the Water Act 2000 ; or - (vi) extracting clay, gravel, rock, sand or soil, not stated in subparagraph (v) , from Queensland waters; or - (vii) development that the enforcement authority reasonably believes is causing erosion, sedimentation or an environmental nuisance (as defined in the Environmental Protection Act , section 15 ); or