Baker v Chief Executive, Department of Natural Resources and Mines

[2019] QCA 128

Queensland Court of Appeal

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Interrogate

Catchwords

1. Statutes
2. › Interpretation
3. › Particular words and phrases
4. › Reasonably believes
5. › Whether actual knowledge of conviction precludes formation of reasonable belief
6. › Whether knowledge and belief are mutually exclusive states of mind
7. › Vegetation Management Act 1999 (Qld), s 54B(1)
1. Statutes
2. › Interpretation
3. › General approaches to interpretation
4. › Disjunctive provisions
5. › Whether subsections linked by 'or' are mutually exclusive alternatives or cumulative
6. › Whether decision maker may rely on multiple subsections simultaneously
7. › Vegetation Management Act 1999 (Qld), s 20B
1. Environment and Planning
2. › Vegetation management
3. › Restoration notices
4. › Administrative power to issue restoration notice
5. › Whether restoration notice constitutes double punishment where person already convicted
6. › Vegetation Management Act 1999 (Qld), s 54B

Quick Take

An official who has actual knowledge that a person has been convicted of a vegetation clearing offence may still form a 'reasonable belief' that the person committed the offence for the purposes of issuing a restoration notice under s 54B of the Vegetation Management Act 1999 (Qld); knowledge and belief are not mutually exclusive states of mind. The subsections of s 20B provide independent bases for making a PMAV, and a decision maker may rely on more than one subsection simultaneously.