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s 54

Power to enter premises

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Part 6Aquaculture
Division 7.1Powers for places

54 Power to enter premises

(1)

For this Act, an authorised person 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 or a vessel (see dict).

(b)

at any time, enter premises with the occupier’s consent; or

(c)

at any reasonable time, enter premises—

(i)

where a thing is kept under a fisheries licence; or

(ii)

if the authorised person suspects that a fish that is not an exempt species, or a part of critical habitat, is on the premises; or

(d)

enter premises in accordance with a search warrant; or

(e)

at any time, enter premises if the authorised person 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

(f)

if a vehicle is stopped under section 67—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) (e), the authorised person may enter the premises with any necessary and reasonable assistance and force.

(4)

An authorised person 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, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

(6)

In this section:

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).

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