82Emergency entry

82 Emergency entry

(1) An authorised officer may enter and search land—

S. 82(1)(a) amended by No. 22/2022 s. 41(1).

(a) if he or she believes on reasonable grounds that a State prohibited weed may be on the land; or

S. 82(1)(ab) inserted by No. 48/2010 s. 11(1).

(ab) if he or she believes on reasonable grounds that a restricted pest animal may be on the land; or

(b) at any time after the end of the period of compliance stated in an interim land management notice applying to the land, in order to ascertain whether the notice has been complied with; or

(c) to take action under section 79.

(2) If an authorised officer believes on reasonable grounds that a serious land degradation problem exists on land, the authorised officer may at any reasonable time, enter and search that land—

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

(b) if he or she believes on reasonable grounds that a contravention of Part 7 may have occurred on the land; or

(c) in order to ascertain whether an authority, direction, order, permit or land use condition under this Act is being complied with; or

(d) 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.

(3) Subsections (1) and (2) do not apply to a dwelling.

(4) An authorised officer who enters land under this section may do all or any of the following, if he or she believes it necessary for the purposes of subsection (1) or (2)—

S. 82(4)(ba) inserted by No. 35/2009 s. 13.

S. 82(4)(bb) inserted by No. 22/2022 s. 41(2).

(bb) require a person to produce any document if the authorised officer reasonably believes it to be relevant for the purpose of ascertaining whether or not this Act and the regulations are being or have been complied with;

S. 82(4)(bc) inserted by No. 22/2022 s. 41(2).

(bc) examine any document produced under paragraph (bb) and take extracts or make copies of the document;

S. 82(4)(bd) inserted by No. 22/2022 s. 41(2).

(bd) remove any document produced under paragraph (bb) for so long as is reasonably necessary to take extracts or make copies of the document;

S. 82(4)(c) substituted by No. 67/2006 s. 17.

(c) without payment, take, or require the occupier of the land to give, samples of any of the following—

(iii) soil, sand, gravel or stone;

(iv) fodder or grain;