Div 5Offences and powers of authorised officers

Division 5—Offences and powers of authorised officers 60—Application of Division (1) Subject to subsection (2), this Division does not apply to Crown leasehold land or to dedicated land that has a custodian. (2) If dedicated land has a custodian, the Minister may, at the written request of the custodian, by notice in the Gazette, declare that this Division applies to the land. (3) A notice under subsection (2) may be varied or revoked by subsequent notice in the Gazette made by the Minister. (4) A copy of a notice under this section must— (a) be published in a newspaper circulating throughout the State; and (b) except in the case of a notice of revocation, be displayed on a sign affixed on the land the subject of the notice. 61—Misuse of Crown land (1) A person who, without lawful authority or excuse— (a) occupies Crown land for longer than any period prescribed by regulation; or (b) cultivates Crown land or causes or permits animals (for which the person is responsible) to enter or remain on Crown land; or (c) drives a motor vehicle (within the meaning of the Motor Vehicles Act 1959) on Crown land, other than on an established road or track or in circumstances prescribed by regulation; or (d) damages or removes fossils from Crown land; or (e) excavates or otherwise damages or interferes with Crown land, or anything on Crown land; or (f) cuts down, lops branches from or otherwise damages any tree or bush (whether alive or dead) on Crown land; or (g) erects any structure or fixture or carries out any works, on Crown land; or (h) deposits litter or abandons property on Crown land; or (i) closes off or obstructs (whether by fences, gates or any means) a road or track on Crown land, is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $315. (2) Without limiting what might otherwise constitute lawful authority for the purposes of subsection (1), the consent in writing of the Minister constitutes, for the purposes of that subsection, lawful authority for any act to which the consent relates. 62—Policing powers (1) An authorised officer may— (a) require any person who is on Crown land without lawful authority or excuse to leave the land; or (b) require any person reasonably suspected of having committed an offence in relation to Crown land— (i) to state his or her name and address; and (ii) if the authorised officer suspects on reasonable grounds that the name or address stated is false—to produce evidence of his or her name and address. (2) A person who fails to comply with a requirement under subsection (1) is guilty of an offence. Maximum penalty: $2 500. (3) If an authorised officer reasonably suspects that a vehicle has been used in contravention of this Act, the officer may apply to the Registrar of Motor Vehicles for the name and address of the registered owner of the vehicle. 63—Power of arrest (1) An authorised officer may, without warrant, arrest any person on Crown land— (a) who is reasonably suspected of having committed an offence in relation to Crown land; or (b) who hinders an authorised officer in the exercise of powers or functions under this Act. (2) If an authorised officer arrests a person under this section, the authorised officer must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested. 64—Powers of entry, seizure etc (1) Subject to this section, an authorised officer may for the purposes of the administration or enforcement of this Act— (a) enter, and remain on, land; (b) carry out an inspection of land; (c) bring any equipment or other thing onto land, and use that equipment or thing on the land; (d) take samples from land; (e) take photographs, films, audio, video or other recordings; (f) carry out work on land authorised by the Minister under this Act; (g) seize and retain anything that the authorised officer reasonably suspects may constitute evidence of a breach of this Act. (2) An authorised officer may seize any animals found trespassing on Crown land. (3) Any such animals will be impounded, sold or otherwise disposed of or destroyed in accordance with policies determined by the Minister. (4) In exercising powers under this section, an authorised officer may be accompanied by such assistants as are reasonably necessary in the circumstances.