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PEST PLANTS AND ANIMALS ACT 2005 - SECT 32 Power to enter premises

PEST PLANTS AND ANIMALS ACT 2005 - SECT 32

Power to enter premises

    (1)     For this Act, an authorised person may—

        (a)     at any reasonable time, enter premises if the authorised person suspects, on reasonable grounds, that any of the following may be at the premises:

              (i)     a notifiable pest plant;

              (ii)     a prohibited pest plant or something contaminated by a prohibited pest plant;

              (iii)     a notifiable pest animal;

              (iv)     a prohibited pest animal or something contaminated by a prohibited pest animal; or

        (b)     at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

        (c)     at any time, enter premises with the occupier's consent; or

        (d)     enter premises in accordance with a search warrant.

    (2)     However, subsection (1) (a) and (b) does not authorise entry into a part of premises that is being used only for residential purposes.

    (3)     An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.

    (4)     To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

    (5)     In this section:

"at any reasonable time" includes at any time—

        (a)     for subsection (1) (a)—during normal business hours; and

        (b)     for subsection (1) (b)—when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money).