Challenging excessive costs - Queensland local governments and enforcement costs

In Warner v Isaac Regional Council [2015] QDC 186, the District Court has given a timely reminder to Queensland local governments that they cannot simply charge whatever amount they wish when taking steps for enforcement.

Do councils need to prove their costs are reasonable?

The Council in this case obtained an enforcement order under the Public Health Act 2005 (Qld) requiring the Appellant to remove structures or things alleged to be hazardous to human health from her property in Moranbah. The Appellant allegedly failed to take the required steps, so three Council staff members and seven cleaning contractors entered the Appellant's property in compliance with the order.

The Council claimed a total of $48,990.63 from the Appellant for the costs of complying with the enforcement order: $31,000 for cleaners, $7,193 for the erection of a pool fence, $330 for pest control, $154 for lawn mowing, and $9,503.29 for legal costs. The Council alleged that local cleaning