Biodiversity Conservation Act 2016

If, in the opinion of the CEO, a relevant instrument has been contravened, the CEO may take any action (remedial action) the CEO considers necessary to ensure compliance with it.

Without limiting subsection (1), remedial action may include —

stopping anything that is being done in contravention of the instrument; and

doing anything required by the instrument to be done that has not been done; and

carrying out work that is necessary to remedy anything done in contravention of the instrument; and

doing anything incidental to action referred to in paragraph (a), (b) or (c).

For the purposes of taking remedial action a wildlife officer may —

enter on land with or without vehicles, plant and equipment; and

remain on that land for as long as is necessary to complete the remedial action.

The power in subsection (3)(a) must not be exercised unless —

the consent of an owner or occupier of the land has been obtained; 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.

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 (4)(c).

Without limiting subsection (5), references in Division 3 to inspection purposes are to be taken to include the purposes of remedial action.