ACTIn ForceAct
Water Resources Act 2007
83Power to seize things
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83 Power to seize things
(1) An authorised officer who enters premises under this part with the
occupier’s consent may seize anything at the premises if—
(a) the authorised officer is satisfied, on reasonable grounds, that
the thing is connected with an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry
told to the occupier when seeking the occupier’s consent.
(2) An authorised officer who enters premises under a warrant under this
part may seize anything at the premises that the authorised officer is
authorised to seize under the warrant.
(3) An authorised officer who enters premises under this part (whether
with the occupier’s consent, under a warrant or otherwise) may seize
anything at the premises if satisfied, on reasonable grounds, that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Also, an authorised officer who enters premises under this part
(whether with the consent of a person in charge of the premises, under
a warrant or otherwise) may seize anything at the premises if satisfied,
on reasonable grounds, that the thing poses a risk to the health or
safety of people or of damage to property or the environment.
(5) The powers of an authorised officer under subsections (3) and (4) are
additional to any powers of the authorised officer under
subsections (1) and (2) or any other territory law.
Powers of authorised officers Division 10.2
(6) Having seized a thing, an authorised officer may—
(a) remove the thing from the premises where it was seized
(the place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to it.
(7) A person commits an offence if the person—
(a) interferes with a seized thing, or anything containing a seized
thing, to which access has been restricted under subsection (6);
and
(b) does not have an authorised officer’s approval to interfere with
the thing.