Offshore Minerals Act 1998
sec.379Inspection of tenure-related premises etc. without warrant
Start here
Get a plain-English read of sec.379
Turn the raw legal text into a practical explanation grounded in Offshore Minerals Act 1998.
sec.379 Inspection of tenure-related premises etc. without warrant
Subject to subsections (2) , (3) and (4) , an inspector may, without a warrant, carry out a compliance inspection of— tenure-related land; or a tenure-related building, structure, vehicle, vessel or aircraft; if the inspection is reasonably necessary. An inspection under subsection (1) must be made at a reasonable time. An inspector may not enter premises under subsection (1) if— the premises are a residence; and the occupier has not consented to the entry. An inspector may not carry out a compliance inspection under subsection (1) if— the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and the inspector does not comply with the person’s request. For this section, land or a building, structure, vehicle, vessel or aircraft is tenure-related if— it is used in connection with activities carried out under a tenure or special purpose consent; or records about activities of that kind are kept there. (sec.379-ssec.1) Subject to subsections (2) , (3) and (4) , an inspector may, without a warrant, carry out a compliance inspection of— tenure-related land; or a tenure-related building, structure, vehicle, vessel or aircraft; if the inspection is reasonably necessary. (sec.379-ssec.2) An inspection under subsection (1) must be made at a reasonable time. (sec.379-ssec.3) An inspector may not enter premises under subsection (1) if— the premises are a residence; and the occupier has not consented to the entry. (sec.379-ssec.4) An inspector may not carry out a compliance inspection under subsection (1) if— the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and the inspector does not comply with the person’s request. (sec.379-ssec.5) For this section, land or a building, structure, vehicle, vessel or aircraft is tenure-related if— it is used in connection with activities carried out under a tenure or special purpose consent; or records about activities of that kind are kept there.
- (a) tenure-related land; or
- (b) a tenure-related building, structure, vehicle, vessel or aircraft;
- (a) the premises are a residence; and
- (b) the occupier has not consented to the entry.
- (a) the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and
- (b) the inspector does not comply with the person’s request.
- (a) it is used in connection with activities carried out under a tenure or special purpose consent; or