Catchment and Land Protection Act 1994

An authorised officer may enter and search land—

if he or she believes on reasonable grounds that a State prohibited weed may be on the land; or

if he or she believes on reasonable grounds that a restricted pest animal may be on the land; or

at any time after the end of the period of compliance stated in an interim land management notice applying to the land, in order to ascertain whether the notice has been complied with; or

to take action under section 79.

If an authorised officer believes on reasonable grounds that a serious land degradation problem exists on land, the authorised officer may at any reasonable time, enter and search that land—

if he or she believes on reasonable grounds that section 20 has not been or is not being complied with; or

if he or she believes on reasonable grounds that a contravention of Part 7 may have occurred on the land; or

in order to ascertain whether an authority, direction, order, permit or land use condition under this Act is being complied with; or

at any time after the end of the period of compliance stated in a land management notice under Division 1 of Part 5 applying to the land, in order to ascertain whether the notice has been complied with.

Subsections (1) and (2) do not apply to a dwelling.

An authorised officer who enters land under this section may do all or any of the following, if he or she believes it necessary for the purposes of subsection (1) or (2)—

search and examine land or goods or vehicles on the land;

ask questions in connection with the authorised officer's functions under this Act;

take photographs (including video recordings) of a thing or things of a particular kind;

require a person to produce any document if the authorised officer reasonably believes it to be relevant for the purpose of ascertaining whether or not this Act and the regulations are being or have been complied with;

examine any document produced under paragraph (bb) and take extracts or make copies of the document;

remove any document produced under paragraph (bb) for so long as is reasonably necessary to take extracts or make copies of the document;

without payment, take, or require the occupier of the land to give, samples of any of the following—

plants or parts of plants;

an animal or part of an animal;

soil, sand, gravel or stone;

fodder or grain;

ask a person to state his or her name and address if the authorised officer—

believes on reasonable grounds that the person has committed an offence under Part 8 relating to a pest animal; and

has informed the person of the grounds for that belief in sufficient detail to allow the person to understand the nature of the offence.

If an authorised officer exercises a power of entry under this section without the occupier being present the authorised officer must, on leaving the land, leave a notice setting out—

the time of entry; and

the purpose of entry; and

a description of all things done while on the land; and

the time of departure; and

the procedure for contacting the Secretary for further details of the entry.

Subsection (5) does not apply if the authorised officer has given a copy of an authorisation to the occupier of the land in accordance with section 83F.