Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020
113Powers of entry—Crown land in the levy area
Start here
Get a plain-English read of 113
Turn the raw legal text into a practical explanation grounded in Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.
113 Powers of entry—Crown land in the levy area
(1) An authorised officer may exercise powers under this section only for any of the following purposes—
(a) to ascertain whether a levy event has occurred on Crown land within the levy area;
(b) to collect information to enable the Secretary to determine when a levy event occurred;
(c) to collect information to enable the Secretary to determine whether a person is liable to pay the environment mitigation levy in relation to the Crown land and, if so, the amount of the levy that is payable;
(d) to verify the accuracy of—
(i) the contents of a notice given to the Secretary under section 43 or 44; or
(ii) information and documents provided to the Secretary by a liable person or the Crown land manager for that Crown land in compliance or purported compliance with a notice under section 111.
(2) Subject to this section, an authorised officer, with any assistants and equipment that the authorised officer considers necessary, may enter, at any reasonable time, the Crown land and any premises on that land and may do any one or more of the following—
(a) search the land or premises and any thing found on the land or at the premises;
(b) inspect the land or premises or any thing on the land or at the premises;
(c) record images or make sketches of, or make records relating to, the land or premises or any thing on the land or at the premises;
(d) inspect, and make copies of, or take extracts from, any document kept on the land or at the premises.
(3) An authorised officer must not exercise any powers under this section in relation to premises or a part of premises used for residential purposes if the authorised officer fails to produce, on request by the occupier of the premises, the officer's identity card for inspection.
(4) The power of entry and search under this section is not exercisable in relation to premises or a part of premises used for residential purposes except with the written consent of the occupier.
(5) An occupier who consents in writing to entry and search of the occupier's premises under this section must be given a copy of the signed consent immediately.
(6) In this section—
premises includes land, a vehicle, a vessel and an aircraft.