Land Act 1994

If the chief executive is satisfied a person is unlawfully occupying land, or has unlawfully done a trespass related act on land, the chief executive may start a proceeding in the Magistrates Court.

The chief executive may start a proceeding whether or not a trespass notice has been given to a person.

The proceeding must be started in the Magistrates Court nearest to the land the subject of the proceeding.

The chief executive starts the proceeding by—

filing a notice (a proceeding notice) with the registrar of the Magistrates Court stating the orders sought by the chief executive; and

giving a copy of the proceeding notice to the person mentioned in subsection (1).

The proceeding notice must state the grounds on which the orders of the court are sought.

However, if a trespass notice has been given to a person, a proceeding may be started by the chief executive only if—

the relevant period has expired and the person has not started a proceeding under this division about the trespass notice; or

the person has started, but has discontinued or not continued a proceeding under this division about the trespass notice.