Illegal Camping in Moreton Bay (Qld)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.

The Moreton Bay Council has repealed the Persons Experiencing Homelessness Camping Framework, which was passed back in 2023. The change, which will come into force on 12 March 2025, will make it illegal for anyone to camp on public land.

PEH camping

Section 47 of the Camping on Public Land Local Law 2023 empowers the local council to create a framework for determining whether camping is ‘PEH (person experiencing homelessness) camping’. In other words, it allows the council to make special rules that apply to camping that is occurring because a person has nowhere else to go.

PEH camping is on a list of exceptions to the offence of camping on public land, contained in section 13. Other exceptions set out in this provision are:

• where a person has approval to camp
• where camping is allowed under a contract with the local government
• the camping is necessary to lessen or prevent an urgent or serious threat to personal or public health and safety.

The policy dates back to 2021 and was designed in response to the increase in homelessness after COVID. It allowed homeless people to camp on public land provided they engaged with the Housing Department, kept the area clean and tidy, did not impede access by others, and did not engage in illegal behaviour.   

When the changes come into effect, the exemption for PEH camping will no longer exist.

Illegal camping offences

The following criminal offences exist under the Moreton Bay Local Law.

Camping on public land

Under section 13, a person who camps on public land and does not have an exemption from this offence, may be fined up to 50 penalty units.   

Providing false information

Under section 14, a person commits an offence if they provide false or misleading information in connection with the Camping on Public Land Local Law. This offence is punishable by a fine of up to 20 penalty units.

Failure to comply with conditions

Under section 16, a person who has been given approval to camp on public land commits an offence if they fail to comply with the conditions that attach to that approval. This offence is punishable by a fine of up to 50 penalty units.

Reasons for the changes

The Moreton Bay Council has stated that the Framework was created to protect the homeless people of the region but that it has been taken advantage of. Council members claim that charities have been encouraging the homeless to sleep in parks by providing food and other necessities without linking people to services that could assist them to find accommodation.

The Council has also stated that widespread camping in the region poses a public health risk, with people camping in unsuitable locations and failing to keep areas clean and tidy.   

The Council has indicated that responses to the offence will be ‘complaint-based’, with eight officers utilised to respond to reports of homeless and with the assistance of Police Service Officers.  Move-on notices will be issued, but campers will be given a reasonable time to comply.

Responses to the changes

The change has been criticised as hurting the poor and benefiting the wealthy. Moreton Bay has the longest waiting list for social housing, with the rate of homelessness in the region having increased by more than 90% in the last ten years.

All but two members of the Council voted for the changes. The two councillors who voted against the move indicated that housing services were already overstretched and that the change would add dozens more.

Moreton Bay

The Moreton Bay region is situated between Brisbane and the Sunshine Coast. It includes an area of more than 2,000 square kilometres, and include suburbs such as Caboolture, North Lakes, Arana Hills, Samford and Redcliffe.

Parts of Queensland that fall outside of the Moreton Bay area are governed by different by-laws and are not affected by the changes.

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