81Entry with notice

81 Entry with notice

S. 81(1) amended by No. 35/2009 s. 12(1).

(1) An authorised officer may, at a reasonable time, enter and search land after having given at least the relevant notice to the occupier of the land—

(a) if he or she believes on reasonable grounds that section 20 has not been or is not being complied with; or

S. 81(1)(ab) inserted by No. 35/2009 s. 12(2).

(ab) if he or she believes on reasonable grounds that a regionally prohibited weed, regionally controlled weed or established pest animal occurs or is likely to occur in the vicinity of the land; or

S. 81(1)(ac) inserted by No. 22/2022 s. 40(1).

(ac) for the purposes of ascertaining whether or not a regionally prohibited weed, regionally controlled weed or established pest animal is present or not present on the land; or

(b) at any time after the end of the period of compliance stated in a land management notice under Division 1 of Part 5 applying to the land, in order to ascertain whether the notice has been complied with; or

S. 81(1)(c) substituted by No. 67/2006 s. 16(1).

(c) in order to ascertain whether—

(i) a priority area notice; or

(ii) a directions notice; or

(iii) a direction under section 70 or 72—

in respect of land has been complied with.

S. 81(1A) inserted by No. 35/2009 s. 12(3).

(1A) For the purposes of subsection (1) the relevant notice is—

(a) in the case of an entry under paragraph (ab), 7 days;

(b) in any other case, 48 hours.

S. 81(2) substituted by No. 22/2022 s. 40(2).

(2) Subsection (1) does not apply to a dwelling.

(3) An authorised officer who enters land under this section may do all or any of the following—

S. 81(3)(ba) inserted by No. 35/2009 s. 12(4), amended by No. 48/2010 s. 10.

S. 81(3)(c) substituted by Nos 67/2006 s. 16(2), 22/2022 s. 40(3).

(c) without payment, take or require the occupier of the land to give samples of any goods (within the meaning of section 72(8)) found on the land.

(4) Notice given under subsection (1) must be in writing and must inform the occupier—

(a) of the purpose of the search; and

S. 81(4)(b)–(d) repealed by No. 22/2022 s. 40(4)(a).

(e) that the occupier may refuse to answer questions during the search; and

S. 81(4)(ea) inserted by No. 35/2009 s. 12(5), repealed by No. 22/2022 s. 40(4)(a).

S. 81(4)(f) amended by No. 22/2022 s. 40(4)(b).

(f) that any sample of a thing taken or required to be given during the search may be used in evidence in proceedings.