Redland City Council v. Burns

Lower Court Judgment

11/11/2025 Supreme Court of Queensland (Court of Appeal) (Bowskill CJ, Bond JA, Doyle JA)

[2025] QCA 222

Catchwords

Criminal law – property offences – claim of right  – where respondent (a Quandamooka man) convicted in Magistrates Court of carrying out a prohibited development, namely clearing of native title vegetation without the requisite development approval, in contravention of s 162 of the Planning Act 2016 (Qld) – whether clearing had been done in the exercise of an honest claim of right within the meaning of s 22(2) of the Criminal Code – where honest claim of right said to arise by respondent’s honest but incorrect belief that all Quandamooka Aboriginal people had the right, as part of their native title rights, to clear Quandamooka land for building purposes – where District Court judge found clearing work done in exercise of that right would properly be regarded as ‘a traditional Quandamooka cultural activity’ so as to render the work ‘exempt clearing’ –  whether District Court judge erred in finding that s 22(2) of the Criminal Code was available to respondent and evidence at trial was sufficient to engage that section – where Court of Appeal held s22(2) was available to respondent - whether a contravention of s 162 of the Planning Act 2016 (Qld) is an ‘offence relating to property’ within the meaning of s 22(2) of the Criminal Code – whether the respondent’s conduct was in the exercise of an honest claim of right within the meaning of s 22(2)