338Power to enter premises

338 Power to enter premises (1) For this Act, a conservation officer may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or Note Premises includes land (whether vacant or occupied), a vehicle, a vessel and an aircraft (see dict). (b) at any time, enter premises with the occupier’s consent; or (c) at any reasonable time, enter premises where an animal or plant is kept under a nature conservation licence; or (d) at any reasonable time, enter premises if the conservation officer suspects that— (i) an animal that is not an exempt animal is on the premises; or (ii) a native plant is on the premises; or (e) enter premises in accordance with a search warrant; or (f) at any time, enter premises if the conservation officer believes on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or (g) if a vehicle is stopped under section 327—enter the vehicle. (2) However, subsection (1) (a) and (c) do not authorise entry into a part of premises that is being used only for residential purposes. (3) For subsection (1) (f), the conservation officer may enter the premises with any necessary and reasonable assistance and force.

(4) A conservation officer may, without the consent of the occupier of premises— (a) if the premises are land—enter the land to ask for consent to remain at the premises; or (b) in any other case—enter land around the premises to ask for consent to enter the premises. (5) To remove any doubt, a conservation officer may enter premises under subsection (1) without payment of an entry fee or other charge. at any reasonable time includes at any time when the public is entitled to use the premises or when the premises are open to or used by the public (whether or not on payment of money).