Public Notice - Unlawful Occupation of Properties

Published on 16 December 2025

Hinchinbrook Shire Council reminds residents that living in temporary structures, recreational vehicles, sheds, or shipping containers without Council approval is unlawful.

Key Requirements:

  • Approval is mandatory for any temporary occupation (caravans, sheds, shipping containers, RVs, etc.).
  • Temporary occupation is only acceptable when building a new dwelling on the land.
  • Structures must meet health and safety standards, including approved wastewater systems.
  • Only approved habitable buildings (Class 1, 2, 3, or 4) may be used as dwellings under the Building Act 1975.

Breaches to the local laws may result in:

  • Fines up to $27,538.50 under the Building Act 1975.
  • Additional penalties under Local Laws and the Planning Act 2016.
  • Statutory notices requiring cessation of unlawful occupation and removal of structures.

Council acknowledges that some properties may have been purchased for future development, weekend use, or perceived private camping purposes.

Council also recognises the challenges posed by current economic conditions and construction delays.

However, these circumstances do not exempt property owners or occupants from compliance with legislative requirements and are not considered reasonable excuses for non-compliance.

Call Council’s customer service centre on (07) 4776 4600, email council@hinchinbrook.qld.gov.au, or visit https://www.hinchinbrook.qld.gov.au/community-environment/local-laws-concerns/temporary-home-occupancy/ for the approvals process and for more information.

Dan Wagner
Acting Chief Executive Officer

HSC - Public Notice - Unlawful occupation of properties - 16 DEC 2025(PDF, 101KB)

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