NATIVE VEGETATION ACT 1991 - SECT 33B

NATIVE VEGETATION ACT 1991 - SECT 33B

33B—Powers of authorised officers

        (1)         Subject to this Division, an authorised officer may—

            (a)         enter and inspect any land for any reasonable purpose connected with the administration or enforcement of this Act; and

            (b)         give directions with respect to the stopping or movement of a vehicle that—

                  (i)         has been used in, or is suspected by the authorised officer of having been used in, the clearance of native vegetation; or

                  (ii)         is carrying a plant, or any part of a plant, comprising native vegetation,

as reasonably required in connection with the administration or enforcement of this Act; and

            (c)         take samples of any plant or any part of any plant from any land, for identification and analysis as reasonably required in connection with the administration or enforcement of this Act; and

            (d)         with the authority of a warrant issued under section 33C require any person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; and

            (e)         with the authority of a warrant issued under section 33C examine, copy or take extracts from any documents so produced or require a person to provide a copy of any such document or information; and

            (f)         take photographs or films or make audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; and

            (g)         dig up any land by the use of hand-held equipment for the purpose of taking samples; and

            (h)         with the authority of a warrant issued under section 33C, to the extent to which it is reasonably required, take mechanical equipment on to any land and dig up the land, or any part of it, for the purposes of taking samples that the authorised officer reasonably suspects may constitute evidence of a breach of this Act;

                  (i)         in addition to the powers under a preceding paragraph, seize and retain anything that the authorised officer reasonably suspects may constitute evidence of a breach of this Act; and

            (j)         require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a breach of this Act to state the person's full name and usual place of residence; and

            (k)         require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; and

            (l)         give any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs of this subsection or otherwise in connection with the administration or enforcement of this Act.

        (2)         Without limiting subsection (1)(a), an authorised officer may enter and inspect any land for the purpose of determining whether a heritage agreement entered into under this Act or entered into in compliance with a condition of consent to clear native vegetation under the repealed Act is being, or has been, complied with.

        (3)         An authorised officer must not exercise a power conferred by subsection (1)(a) or (2) in respect of residential premises.

        (4)         Where an authorised officer enters land and takes samples of any plant or any part of any plant for identification and analysis, the authorised officer must take reasonable steps to provide the owner of land with a reasonable amount of information about his or her actions.

        (5)         Where an authorised officer enters land and takes photographs or films or makes audio, video or other recordings, the authorised officer must, as soon as reasonably practicable after entering the land—

            (a)         serve notice on the owner or occupier of the land informing him or her of the date on which the authorised officer entered the land; and

            (b)         provide the owner or occupier with a copy of the photographs, films, audio, video or other recordings (if any) taken or made by the authorised officer when on the land.

        (6)         A copy provided under subsection (5)(b) must be in an electronic form unless the Minister authorises it to be provided in some other form.

        (7)         Where an authorised officer digs up any land under subsection (1), the authorised officer must, after taking such steps as the authorised officer thinks fit in the exercise of powers under that subsection, insofar as is reasonably practicable, take steps to ensure that the land is restored to such state as is reasonable in the circumstances.

        (8)         Before an authorised officer requires a person to answer questions under subsection (1)(k), the authorised officer must inform the person of his or her right to decline to answer any question that might tend to incriminate the person or to make the person liable to a criminal penalty.

        (9)         Where—

            (a)         a person whose native language is not English is suspected of having committed an offence against this Act; and

            (b)         the person is not reasonably fluent in English,

the following provisions apply:

            (c)         the person is entitled to be assisted by an interpreter during any questioning conducted by an authorised officer in the course of an investigation of the suspected offence;

            (d)         where it appears that the person may be entitled to be assisted by an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter;

            (e)         if the person requests the assistance of an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until an interpreter is present.

        (10)         In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.

        (11)         An authorised officer may require an occupier of any land or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.

        (12)         Where a person gives assistance to an authorised officer as required under subsection (11), the person must, if he or she so requires, be reimbursed by the authorised officer or the Minister for any reasonable costs and expenses incurred in giving the assistance.