ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 407 Monitoring powers

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 407

  (1)   For the purposes of this Division, each of the following powers is a monitoring power in relation to particular premises:

  (a)   the power to inspect and search the premises;

  (b)   the power to take photographs (including a video recording), or to make sketches, of the premises or of any substance or thing at the premises;

  (c)   the power to inspect, examine and take samples of, any substance or thing on or in the premises;

  (ca)   the power to take measurements of, and conduct tests on, the premises or any substance or thing on the premises;

  (cb)   the power to mark a live specimen on the premises (see subsection   (2));

  (d)   the power to take extracts from, or make copies of, any document, book or record on the premises;

  (da)   the powers to operate electronic equipment, and do other things, at the premises as mentioned in section   407A;

  (e)   the power to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power referred to in any other paragraph of this subsection.

  (2)   For the purposes of paragraph   (1)(cb), mark includes:

  (a)   in the case of a live plant:

  (i)   mark or label a cage or container in which the plant is kept or in which the plant is growing; and

  (ii)   place a label or tag on the plant; and

  (b)   in the case of a live animal:

  (i)   implant a scannable device in the animal; and

  (ii)   place a band on any part of the animal; and

  (iii)   place (whether by piercing or otherwise) a tag or ring on any part of the animal; and

  (iv)   mark or label a cage or container within which the animal is kept.

  (3)   If:

  (a)   damage is caused to a specimen, or a cage or container in which a specimen is kept, as a result of an authorised officer exercising the power to mark under paragraph   (1)(cb); and

  (b)   the damage was caused as a result of insufficient care being exercised by the authorised officer;

compensation for the damage is payable to the owner of the specimen, or to the owner of the cage or container, as the case requires.

  (4)   Compensation is payable out of money appropriated by the Parliament for the purpose.

  (5)   In determining the amount of compensation payable, regard is to be had to whether the owner, if the owner was available at the time, had provided any warning or guidance relating to the marking of the specimen, cage or container.