The defence of honest claim of right under s 22 of the Criminal Code (Qld) is not available to a freehold landowner charged with clearing native vegetation without a permit under s 4.3.1 of the Integrated Planning Act 1997 (Qld), because that provision creates an offence of general application irrespective of proprietary rights. An honest belief in ownership of vegetation as a fixture of freehold land amounts to ignorance of the law, not a claim of right. Section 184 of the Land Title Act 1994 (Qld) does not protect registered proprietors from statutory obligations that do not stem from proprietary interests.
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