40Powers, &c., of forest practices officers

40 Powers, &c., of forest practices officers

(1)  [Section 40 Subsection (1) amended by No. 55 of 2004, s. 68, Applied:01 Jul 2005] For the purposes of this Act, a forest practices officer, on production of his or her warrant of authorization, may at any reasonable time and with such assistants as he or she considers necessary enter and remain –

(a) [Section 40 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] on any land on which forest practices are being carried out, to ensure that the forest practices are being carried out in accordance with the certified forest practices plan relating to that land or to ensure that the provisions of this Act are being complied with; or

(ab) [Section 40 Subsection (1) amended by No. 23 of 1999, s. 30, Applied:01 Jul 1999] on any land on which, in the reasonable opinion of the forest practices officer, forest practices appear to have been carried out, to determine whether those forest practices were in fact carried out and, if so, whether they were carried out in accordance with certified forest practices plans relating to that land or the provisions of this Act were complied with; or

(b) [Section 40 Subsection (1) amended by No. 55 of 2004, s. 68, Applied:01 Jul 2005] on any land that is a private timber reserve to ensure that the land is being used for establishing forests, growing or harvesting timber or other forest practices.

(2)  [Section 40 Subsection (2) substituted by No. 55 of 2004, s. 68, Applied:01 Jul 2005] A forest practices officer, on production of his or her warrant of authorization, may at any reasonable time request any person associated with forest practices that are being (or in the officer's opinion appear to have been) carried out on any land referred to in subsection (1) to do one or more of the following:

(a) answer any question relating to those forest practices;

(b) produce any record or document relating to those forest practices;