102Powers of entry and inspection

102 Powers of entry and inspection

S. 102(1) amended by No. 37/2014 s. 10(Sch. item 65.11(a)).

(1) In the administration of this Act or for ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed, an authorised officer or police officer may without any further or other authority than this section, at any reasonable time having regard to all the circumstances and with such persons as the authorised officer or police officer thinks necessary, enter upon any land or protected waters or any premises other than a dwelling house for the purposes specified in subsection (2).

(2) The purposes are—

S. 102(2)(a) amended by No. 5/1997
s. 50(1)(n)(i).

(a) inspecting or searching for any fishing equipment or fish, protected aquatic biota or noxious aquatic species;

(b) surveying any land for the purposes of this Act;

(c) constructing, erecting and maintaining posts, buoys, beacons or other marks for or in connection with the boundaries of areas held under this Act or the subject of applications made for the purposes of this Act;

(d) examining whether the conditions of any licence, permit or other authority under this Act are being complied with;

S. 102(2)(e) amended by No. 5/1997
s. 50(1)(n)(ii).

(e) searching for or seizing and removing any noxious aquatic species;

S. 102(2)(f) amended by No. 37/2014 s. 10(Sch. item 65.11(a)).

(f) searching for or seizing and removing or destroying any fish which the authorised officer or police officer believes on reasonable grounds are contaminated in a way, or are in a state, that might render them dangerous for consumption by humans or animals;

S. 102(2)(g) amended by No. 5/1997
s. 50(1)(n)(ii).

(g) destroying any noxious aquatic species;

S. 102(2)(h) amended by No. 5/1997
ss 18(a), 50(1)(n)(i), substituted by No. 17/2002 s. 16, amended by No. 37/2014 s. 10(Sch. item 65.11(a)).

(h) inspecting any document which the authorised officer or police officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed;

S. 102(2)(ha) inserted by No. 17/2002 s. 16.

(ha) making extracts, copies or notes of the contents of a document inspected under paragraph (h);

(i) seizing any such document if, in the reasonable belief of the authorised officer, the document may assist in the enforcement of this Act.

S. 102(3) amended by No. 37/2014 s. 10(Sch. item 65.11(a)).