QLDIn ForceAct
Vegetation Management Act 1999
sec.30APower to enter place on reasonable belief of vegetation clearing offence
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### sec.30A Power to enter place on reasonable belief of vegetation clearing offence
This section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place.
The authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place.
The authorised officer may exercise powers under subsection (2) , at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.
However, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place.
Notice of the proposed entry must include the following information—
that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place;
the reasons for the authorised officer’s belief;
that the authorised officer intends to enter the place and may re-enter the place;
the purpose of the proposed entry;
the dates and times of entry and re-entry.
In exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances.
This section does not apply to a part of a place where a person resides.
s 30A ins 2018 No. 7 s 21
(sec.30A-ssec.1) This section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place.
(sec.30A-ssec.2) The authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place.
(sec.30A-ssec.3) The authorised officer may exercise powers under subsection (2) , at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.
(sec.30A-ssec.4) However, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place.
(sec.30A-ssec.5) Notice of the proposed entry must include the following information— that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place; the reasons for the authorised officer’s belief; that the authorised officer intends to enter the place and may re-enter the place; the purpose of the proposed entry; the dates and times of entry and re-entry.
(sec.30A-ssec.6) In exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances.
(sec.30A-ssec.7) This section does not apply to a part of a place where a person resides.
- (a) that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place;
- (b) the reasons for the authorised officer’s belief;
- (c) that the authorised officer intends to enter the place and may re-enter the place;
- (d) the purpose of the proposed entry;
- (e) the dates and times of entry and re-entry.