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NATURE CONSERVATION ACT 2002 - SECT 52 Powers of entry and search

NATURE CONSERVATION ACT 2002 - SECT 52

Powers of entry and search

(1)  If an authorised officer has reason to believe that any thing which he or she is entitled to seize under this Act is in or on any premises, conveyance or container, the officer may search those premises, that conveyance or that container.
(2)  An authorised officer may inspect and search any premises or conveyance where –
(a) any wildlife, any products of wildlife or any plants are kept for sale, or offered or exposed for sale; or
(b) the authorised officer has reasonable grounds for believing that any wildlife, any products of wildlife or any plants are kept for sale, or offered or exposed for sale.
(3)  An authorised officer may inspect and search any premises at which any person, under any licence or permit issued or granted under the wildlife regulations or section 29 , is authorised to keep or have in possession any wildlife.
(4)  For the purposes of conducting a search under this section in a conveyance, an authorised officer may require that conveyance to be stopped and, if it is on reserved land or on any water, the authorised officer may bring it, or cause or require it to be brought, to some convenient place for the search to be carried out.
(5)  In exercising the powers conferred, or in performing the functions imposed, by section 51 or this section, an authorised officer may do any or all of the following things at all reasonable times, without warrant:
(a) enter any premises, conveyance or container;
(b) in any premises, conveyance or container lawfully entered, search for, examine, make copies of or take extracts from any record or other document –
(i) relating to trade in wildlife or other wildlife matters; or
(ii) that appears to indicate that an offence under this Act has been, or is being, committed;
(c) in any premises, conveyance or container lawfully entered, open any container.
(6)  For the purpose of facilitating the exercise of his or her powers under this section in respect of any premises, conveyance or container, an authorised officer may require the person apparently in charge of those premises, that conveyance or that container, or any of the person's employees or agents, to afford the authorised officer such assistance as he or she may require.
(7)  A person who, without reasonable excuse (the proof of which lies on that person) refuses or fails to comply with any requirements made to him or her by an authorised officer under this section is guilty of an offence.
(8)  In exercising the powers conferred, or in performing the functions imposed, by section 51 or this section, an authorised officer must not enter any premises, or any part of any premises, used as a principal residence except where the officer has obtained a warrant under subsection (9) or the permission of the occupier to enter the residence.
(9)  If a magistrate or justice is satisfied, on the application of an authorised officer, that there is reasonable cause to permit entry to any premises, or any part of any premises, used as a principal residence, the magistrate or justice may issue a warrant authorising an authorised officer to enter the premises or the part of premises specified in the warrant for the purposes of exercising the powers conferred, and the functions imposed, by section 51 or this section in those premises or that part.
(10)  A warrant issued under subsection (9)  –
(a) is valid for a period of 30 days; and
(b) authorises all persons acting in aid of an authorised officer to enter the premises, or the part of premises, specified in the warrant.