Biodiversity Conservation Act 2016

If the CEO is satisfied that goods provided to an owner or occupier of land under a biodiversity conservation agreement are being used for purposes other than the purposes of the agreement or have not been used, a wildlife officer may —

enter land on which the goods are located; and

on behalf of the CEO take possession of and remove the goods.

A wildlife officer must not enter land under subsection (1) unless —

an owner or occupier of the land has consented to the entry; or

an owner or occupier of the land has been given reasonable notice of the proposed entry and has not objected to the entry; or

the entry is in accordance with an entry warrant.

Part 12 Division 3 applies, with all necessary changes, in relation to applications for, and the issue and execution of, entry warrants for the purposes of subsection (2)(c).

Without limiting subsection (3), references in Part 12 Division 3 to inspection purposes are to be taken to include the purposes of taking action under subsection (1).

If the CEO is satisfied that an amount of money provided to an owner or occupier of land by way of financial assistance under a biodiversity conservation agreement has been used for purposes other than the purposes of the agreement, the CEO may require the owner or occupier to pay that amount to the CEO.

If the CEO is satisfied that goods or services provided to an owner or occupier of land under a biodiversity conservation agreement have been used for purposes other than the purposes of the agreement, the CEO may require the owner or occupier to pay to the CEO an amount determined by the CEO to be equivalent to the value of those goods or services.

The CEO may recover an amount payable under subsection (5) or (6) in a court of competent jurisdiction as a debt due to the State.