Powers of authorised officers
52 Powers of authorised officers
An authorised officer may, for the purposes of the enforcement of this
Act, exercise any of the following powers:
enter any land in the South East;
inspect any such land or the surface water or water management works on any such land;
measure or chart the flow of surface water on any such land;
take photographs, films or video recordings on any such land;
put to any person on any such land any question relating to the administration of this Act;
require a person who the authorised officer reasonably suspects has committed, or is about to commit, an offence against this Act to state his or her name and usual place of residence;
require a person holding, or required to hold, a licence or permit under this Act to produce that licence or permit for inspection by the authorised officer.
An authorised officer may, in exercising powers under this section, be accompanied by such assistants as are reasonably necessary for the purpose.
An authorised officer must, at the request of a landholder or the agent of a landholder, produce his or her identity card for inspection.
The power to enter land is, except in cases of emergency, exercisable only at a reasonable time of the day.
An authorised officer may use force in exercising the power to enter land—
on the authority of a warrant issued by a justice; or
if the officer believes, on reasonable grounds, that the circumstances require urgent action to be taken.
A justice must not issue a warrant under subsection (5) unless satisfied, on information given on oath—
that there are reasonable grounds to suspect that an offence against this
Act has been, is being, or is about to be committed; and
that the warrant is reasonably required in the circumstances.
An inspector, or a person assisting an inspector, who—
addresses offensive language to any other person; or
without lawful authority or a reasonable belief as to lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person, is guilty of an offence.
Maximum penalty: $5 000.
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