(1) This section applies if an enforcement authority—
(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.
(2) The enforcement authority must give the person a notice (a
"show cause notice" ) that—
(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.
(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.
(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.
(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).
