Urban Forest Act 2023

An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if—

the authorised person is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and

seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.

An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant.

An authorised person 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—

the thing is connected with an offence against this Act; and

the seizure is necessary to prevent the thing from being—

concealed, lost or destroyed; or

used to commit, continue or repeat the offence.

Having seized a thing, an authorised person may—

remove the thing from the premises where it was seized (the place of seizure) to another place; or

leave the thing at the place of seizure but restrict access to it.

If an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized (see s 125).

A person commits an offence if—

the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and

the person does not have an authorised person’s approval to interfere with the thing.

An offence against subsection (5) is a strict liability offence.