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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Catchment and Land Protection (Amendment) Act
2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. New division heading substituted 2
5. Penalty for offence to disobey land use condition 2
6. When can a land management notice be issued? 3
7. New section 40 substituted 3
40. Status of land management notice 3
8. Offence to disobey land management notice 3
9. Revocation of land management notice 4
10. New section 42A inserted 4
42A. Variation of land management notice 4
11. New penalty for non-compliance with notice 5
12. Land owner must advise Secretary of compliance with notice 5
13. Review by Victorian Civil and Administrative Tribunal 5
14. Application for declaration 6
15. New section 58A inserted 6
58A. Emergency declaration of State prohibited weed 6
16. What cannot be declared under Part 8? 8
17. Revocation of declaration 8
18. Controlling noxious weeds 8
19. New section 70A inserted 9
70A. Removing particular vehicles or other things on to a road 9
20. Spread of noxious weeds 10
21. Destruction etc. of noxious weeds 11
22. Control of established pest animals 11
23. Amendment to division heading 12
24. Offence to import, keep or sell pest animals 12
25. New section 75A inserted 13
75A. Offence to release pest animals 13
26. Permits 14
27. New section 77A inserted 14
77A. Non-compliance with permit conditions 14
28. Insertion of new section 79A 15
79A. Authorised officers to produce evidence of appointment 15
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Clause Page
29. Insertion of new sections 80 to 83N 15
80. Entry with consent 15
81. Entry with notice 17
Victorian Legislation and Parliamentary Documents
82. Emergency entry 19
83. Entry with warrant 21
83A. Seizure of things not mentioned in the warrant 24
83B. Announcement before entry 24
83C. Details of warrant to be given to occupier 25
83D. Searches of vehicles and boats 25
83E. Searches of vehicles for noxious weeds 26
83F. Authorised officer may have assistance 27
83G. Return of seized things 27
83H. Magistrates' Court may extend 90 day period 28
83I. Disposal of seized things 28
83J. Requirements as to taking samples and seizure 29
83K. Samples 29
83L. Retention notices 30
83M. Evidentiary provisions relating to retention notices 31
83N. Authorised officer to comply with prescribed procedures 31
30. Offences relating to enforcement 32
31. Notices for the purpose of this Act 32
32. Certificates 32
33. Regulation-making power for the keeping of established pest
animals 33
34. Substitution of new clause 4 in Schedule 1 33
35. Amendment to Extractive Industries Development Act 1995 34
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Initiated in Council on 9 April 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Catchment and Land Protection Act 1994 in relation
to noxious weeds and pest animals and for other purposes.
Catchment and Land Protection
(Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Catchment and Land
Protection Act 1994 to--
(i) make further provision in relation to the
5
control of noxious weeds and pest
animals;
(ii) increase penalties for existing offences;
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(b) to make a minor amendment to the
Extractive Industries Development Act
1995.
Victorian Legislation and Parliamentary Documents
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 5 January 2004 it comes into
operation on that day.
3. Principal Act
10
See: In this Act, the Catchment and Land Protection
Act No.
Act 1994 is called the Principal Act.
52/1994.
Reprint No. 2
as at
31 January
1999
and
amending
Act Nos
96/1998 and
74/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New division heading substituted
For the heading to Division 2 of Part 2 of the
Principal Act substitute--
15
"Division 2--Catchment Management
Authorities".
5. Penalty for offence to disobey land use condition
For the penalty at the foot of section 35(1) of
Principal Act substitute--
20
"Penalty: 60 penalty units.".
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6. When can a land management notice be issued?
In section 37(1) of the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in paragraph (a) omit "or 8";
(b) for paragraph (b) substitute--
"(b) if satisfied that measures need to be
5
taken by the land owner to eradicate or
prevent the growth or spread of noxious
weeds that are not State prohibited
weeds.".
7. New section 40 substituted
10
For section 40 of the Principal Act substitute--
"40. Status of land management notice
A land management notice is binding on--
(a) the land owner served with it; and
(b) each subsequent land owner for the
15
time being of the land to which it
applies as if each such owner had been
served with the land management
notice on becoming the land owner.".
8. Offence to disobey land management notice
20
For section 41(1) of the Principal Act
substitute--
"(1) A land owner of land to which a land
management notice applies--
(a) who has been served with the notice; or
25
(b) to whom particulars of the notice have
been given in a statement under
section 32 of the Sale of Land Act
1962; or
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(c) who, at the time of becoming owner of
the land, was aware or ought
reasonably to have been aware of the
Victorian Legislation and Parliamentary Documents
notice--
must comply with the notice.
5
Penalty: 240 penalty units.".
9. Revocation of land management notice
After section 42(2) of the Principal Act insert--
"(3) Sub-section (2) does not apply to a land
management notice that only deals with the
10
control of noxious weeds or pest animals or
both.".
10. New section 42A inserted
After section 42 of the Principal Act insert--
"42A. Variation of land management notice
15
(1) The Secretary may, before the end of the
compliance period or extended compliance
period, serve a notice on the land owner
varying the requirements contained in a land
management notice.
20
(2) A variation under sub-section (1) may only
be made at the request of a land owner who
became the land owner of land to which the
land management notice applied after the
land management notice was served.
25
(3) In considering whether to vary the
requirements of a land management notice
under sub-section (1), the Secretary must
take into account--
(a) any change in land use proposed by the
30
land owner; and
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(b) the type and extent of work to be
carried out or measures or action to be
taken that would be reasonable in the
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circumstances.".
11. New penalty for non-compliance with notice
5
For the penalty at the foot of section 43(7) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
12. Land owner must advise Secretary of compliance with
notice
10
(1) In section 46 of the Principal Act, for "he or she"
substitute "the land owner".
(2) For the penalty at the foot of section 46 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
15
13. Review by Victorian Civil and Administrative
Tribunal
(1) After section 48(2) of the Principal Act insert--
"(2A) A person who has requested a variation of
the requirements contained in a land
20
management notice may apply to the
Victorian Civil and Administrative Tribunal
for review of--
(a) a failure to grant that request within
14 days after it was made; or
25
(b) a decision refusing that request.".
(2) In section 48(3) of the Principal Act, for "and (2)"
substitute ", (2) and (2A)".
(3) In section 48(4) of the Principal Act--
(a) in paragraph (c), for "(2)--" substitute
30
"(2); or";
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(b) after paragraph (c) insert--
"(d) whichever is the earlier of--
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(i) the date on which the request for a
variation of the requirements
contained in a land management
5
notice was refused; or
(ii) the end of the 14 day period
referred to in sub-section (2A)--".
14. Application for declaration
After section 48A(3) of the Principal Act insert--
10
"(4) Sub-section (1) does not apply to a decision
in respect of a land management notice that
deals only with the control of noxious weeds
or pest animals or both.".
15. New section 58A inserted
15
After section 58 of the Principal Act insert--
"58A. Emergency declaration of State prohibited
weed
(1) The Minister may, by a notice published in
the Government Gazette, declare a plant to
20
be a State prohibited weed.
(2) The declaration must apply to the whole
State.
(3) The declaration must--
(a) state that it is an emergency weed
25
declaration; and
(b) state the nature of the emergency; and
(c) if the plant is already declared to be a
noxious weed of a different category,
state its former category.
30
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(4) A copy of the notice must be published--
(a) in a daily newspaper circulating
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generally in Victoria; and
(b) in a weekly newspaper circulating
generally in rural Victoria; and
5
(c) on the Department's Internet site.
(5) The Minister must not make a declaration
under this section in relation to a plant unless
he or she is satisfied that urgent action is
needed to protect the State from an adverse
10
economic, environmental or social impact
caused or likely to be caused by the plant.
(6) If under the declaration the category of a
noxious weed has changed, the declaration of
the former category of the noxious weed
15
ceases to have effect while the declaration
made under this section is in force.
(7) The Minister must revoke the declaration by
a notice published in the Government
Gazette as soon as possible after being
20
satisfied that the emergency no longer exists.
(8) Unless earlier revoked, the declaration
ceases to have effect 3 months after the
notice under sub-section (4) is published in
the Government Gazette.
25
(9) A copy of a notice under sub-section (7)
must be published--
(a) in a daily newspaper circulating
generally in Victoria; and
(b) in a weekly newspaper circulating
30
generally in rural Victoria; and
(c) on the Department's Internet site.".
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16. What cannot be declared under Part 8?
(1) Insert the following heading to section 59 of the
Victorian Legislation and Parliamentary Documents
Principal Act--
"What cannot be declared under this Part?".
(2) For section 59(1) of the Principal Act
5
substitute--
"(1) The Minister cannot recommend a plant
under section 58 or declare a plant under
section 58A if it is part of a taxon or
community of flora listed in an Order under
10
section 10(1) of the Flora and Fauna
Guarantee Act 1988.".
(3) In section 59(3)(a) of the Principal Act, for
"Schedule 2" substitute "an Order under
section 10(1)".
15
17. Revocation of declaration
In section 68(1) of the Principal Act for "this Part"
substitute "section 58".
18. Controlling noxious weeds
(1) For section 70(1) of the Principal Act
20
substitute--
"(1) The Secretary may--
(a) by instrument served on a land owner
give directions to the land owner to
prevent the growth or spread of State
25
prohibited weeds; or
(b) by instrument served on the owner or
person in possession of grain, fodder,
equipment, vehicles or animals that the
Secretary considers likely to spread
30
noxious weeds, give directions to the
owner or person in possession to
restrict the movement of that grain,
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fodder, equipment or those vehicles or
animals from, on or to land.".
Victorian Legislation and Parliamentary Documents
(2) For section 70(2) of the Principal Act
substitute--
"(2) A land owner served with a direction under
5
sub-section (1)(a) must comply with it.
Penalty: 120 penalty units.".
(3) After section 70(2) of the Principal Act insert--
"(2A) A person served with a direction under sub-
section (1)(b) must comply with it.
10
Penalty: 120 penalty units.".
(4) For section 70(3) of the Principal Act
substitute--
"(3) A person on whom a direction has been
served under this section must bear the cost
15
of complying with the direction.".
19. New section 70A inserted
After section 70 of the Principal Act insert--
"70A. Removing particular vehicles or other
things on to a road
20
(1) A person must not remove a vehicle
(together with any trailer) that is used or
intended to be used for carrying, moving or
transporting--
(a) hay, grain, fodder or livestock; or
25
(b) machinery or equipment used for
building or maintaining--
(i) a road or roadside; or
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(ii) electricity, gas, water,
telecommunications or rail
infrastructure--
Victorian Legislation and Parliamentary Documents
from land on to a road without first taking
reasonable precautions to ensure that the
5
vehicle is free from--
(c) the seeds of any noxious weed; and
(d) any other part of a noxious weed that is
capable of growing.
Penalty: 120 penalty units.
10
(2) A person must not remove machinery,
implements or other equipment from land on
to a road without first taking reasonable
precautions to ensure that the equipment is
free from--
15
(a) the seeds of any noxious weed; and
(b) any other part of a noxious weed that is
capable of growing.
Penalty: 120 penalty units.".
20. Spread of noxious weeds
20
(1) Section 71(1)(a) of the Principal Act is repealed.
(2) For section 71(1)(b) of the Principal Act
substitute--
"(b) without a permit from the Secretary--
(i) buy or offer to buy in Victoria; or
25
(ii) sell or offer to sell in Victoria; or
(iii) possess for the purposes of sale in
Victoria; or
(iv) wilfully bring or cause to be brought
into Victoria; or
30
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(v) transport within Victoria--
the following--
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(vi) a noxious weed; or
(vii) the seeds of a noxious weed whether or
not packed or mixed with the seeds of
5
any other plants; or
(viii) any part of a noxious weed that is
capable of growing whether or not
packed or mixed with the parts of any
other plants; or".
10
(3) Section 71(1)(g) of the Principal Act is repealed.
(4) For the penalty at the foot of section 71(1) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
(5) For the penalty at the foot of section 71(5) of the
15
Principal Act substitute--
"Penalty: 120 penalty units.".
21. Destruction etc. of noxious weeds
(1) At the foot of section 72(3) of the Principal Act
insert--
20
"Penalty: 120 penalty units.".
(2) After section 72(3) of the Principal Act insert--
"(3A) A person served with an instrument under
sub-section (1)(a) must without delay advise
the Secretary when he or she has complied
25
with it.
Penalty: 20 penalty units.".
22. Control of established pest animals
Section 73 of the Principal Act is repealed.
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23. Amendment to division heading
In the heading to Division 3 of Part 8 of the
Victorian Legislation and Parliamentary Documents
Principal Act, for "and Trading in" substitute
", Trading in and Releasing of".
24. Offence to import, keep or sell pest animals
5
(1) For the penalty at the foot of section 75(1) of the
Principal Act substitute--
"Penalty: 480 penalty units.".
(2) For the penalty at the foot of section 75(2) of the
Principal Act substitute--
10
"Penalty: 240 penalty units.".
(3) For the penalty at the foot of section 75(3) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
(4) For the penalty at the foot of section 75(4) of the
15
Principal Act substitute--
"Penalty: 60 penalty units.".
(5) In section 75(5)(f) of the Principal Act, for "an
established pest animal" substitute "established
pest animals".
20
(6) In section 75(5)(g)(ii) of the Principal Act, for
"research establishment under" substitute
"scientific establishment under section 26 of".
(7) After section 75(5) of the Principal Act insert--
"(6) Sub-sections (3) and (4) do not apply to--
25
(a) the keeping of a regulated pest animal
or an established pest animal at
premises licensed as a breeding
establishment under section 29 of the
Prevention of Cruelty to Animals Act
30
1986, in accordance with the relevant
licence; or
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(b) the selling of a regulated pest animal or
an established pest animal--
Victorian Legislation and Parliamentary Documents
(i) from premises licensed as a
breeding establishment under
section 29 of the Prevention of
5
Cruelty to Animals Act 1986, in
accordance with the relevant
licence; and
(ii) to an institution licensed as a
scientific establishment under
10
section 26 of the Prevention of
Cruelty to Animals Act 1986.".
25. New section 75A inserted
After section 75 of the Principal Act insert--
"75A. Offence to release pest animals
15
(1) A person must not release a prohibited pest
animal.
Penalty: 480 penalty units.
(2) A person must not release a controlled pest
animal.
20
Penalty: 240 penalty units.
(3) A person must not release a regulated pest
animal.
Penalty: 120 penalty units.
(4) A person must not release an established pest
25
animal.
Penalty: 60 penalty units.
(5) Sub-sections (1) to (4) do not apply to the
releasing of a pest animal in accordance with
a permit under this Division.".
30
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26. Permits
In section 77 of the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in sub-section (1), for "or sell" substitute
", sell or release";
(b) in sub-section (6), for "or sold" substitute
5
", sold or released".
27. New section 77A inserted
After section 77 of the Principal Act insert--
"77A. Non-compliance with permit conditions
(1) A person granted a permit under this
10
Division in respect of a prohibited pest
animal must not contravene a condition
specified in the permit.
Penalty: 480 penalty units.
(2) A person granted a permit under this
15
Division in respect of a controlled pest
animal must not contravene a condition
specified in the permit.
Penalty: 240 penalty units.
(3) A person granted a permit under this
20
Division in respect of a regulated pest animal
must not contravene a condition specified in
the permit.
Penalty: 120 penalty units.
(4) A person granted a permit under this
25
Division in respect of an established pest
animal must not contravene a condition
specified in the permit.
Penalty: 60 penalty units.".
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28. Insertion of new section 79A
After section 79 of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"79A. Authorised officers to produce evidence of
appointment
An authorised officer must produce evidence
5
of his or her appointment for inspection--
(a) before exercising a power under this
Part; and
(b) at any time during the exercise of a
power under this Part, if asked to do so.
10
Penalty: 10 penalty units.".
29. Insertion of new sections 80 to 83N
For sections 80, 81, 82 and 83 of the Principal Act
substitute--
"80. Entry with consent
15
(1) If an authorised officer believes on
reasonable grounds that any provision of the
Act or the regulations has not been or is not
being complied with in respect of land, the
authorised officer may, at a reasonable time,
20
enter and search the land with the consent of
the occupier of the land.
(2) An authorised officer who enters land under
this section may do all or any of the
following--
25
(a) search and examine land or goods or
vehicles on the land;
(b) ask questions in connection with the
authorised officer's functions under this
Act;
30
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(c) without payment, take, or require the
occupier of the land to give, samples of
soil, stone or similar material or goods
Victorian Legislation and Parliamentary Documents
on the land.
(3) An authorised officer must not enter and
5
search any land under this section unless,
before the occupier consents to that entry,
the authorised officer has informed the
occupier--
(a) of the purpose of the search; and
10
(b) that the occupier may refuse to give
consent to the entry and search; and
(c) that the occupier may refuse to consent
to the taking of or the requirement to
give any sample of soil, stone or similar
15
material or goods from the land during
the search; and
(d) that the occupier may refuse to allow an
examination of goods or vehicles on the
land during the search; and
20
(e) that the occupier may refuse to answer
questions during the search; and
(f) that any sample of a thing taken or
required to be given during the search
with the consent of the occupier may be
25
used in evidence in proceedings.
(4) If an occupier consents to the taking of or the
requirement to give any thing during a search
under this section, the authorised officer
must before taking or requiring the giving of
30
the thing ask the occupier to sign an
acknowledgment stating--
(a) that the occupier has consented to the
taking of or requirement to give the
thing; and
35
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(b) the date and time that the occupier
consented.
Victorian Legislation and Parliamentary Documents
(5) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment before the authorised
5
officer leaves the land.
81. Entry with notice
(1) An authorised officer may, at a reasonable
time, enter and search land after having
given at least 24 hours notice to the occupier
10
of the land--
(a) if he or she believes on reasonable
grounds that section 20 has not been or
is not being complied with; or
(b) at any time after the end of the period
15
of compliance stated in a land
management notice under Division 1 of
Part 5 applying to the land, in order to
ascertain whether the notice has been
complied with; or
20
(c) in order to ascertain whether a direction
under section 70 or 72 in respect of the
land has been complied with.
(2) Sub-section (1) does not apply--
(a) if the occupier of the land, after being
25
given notice under sub-section (1),
responds to the notice by stating that
entry to the land is refused; or
(b) to a dwelling.
(3) An authorised officer who enters land under
30
this section may do all or any of the
following--
(a) search and examine land or goods or
vehicles on the land;
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(b) ask questions in connection with the
authorised officer's functions under this
Act;
Victorian Legislation and Parliamentary Documents
(c) without payment, take, or require the
occupier of the land to give, samples of
5
soil, stone or similar material or goods
on the land.
(4) Notice given under sub-section (1) must be
in writing and must inform the occupier--
(a) of the purpose of the search; and
10
(b) that the occupier may refuse to give
consent to the entry and search; and
(c) that the occupier may refuse to consent
to the taking of or the requirement to
give any sample of soil, stone or similar
15
material or goods from the land during
the search; and
(d) that the occupier may refuse to allow an
examination of goods or vehicles on the
land during the search; and
20
(e) that the occupier may refuse to answer
questions during the search; and
(f) that any sample of a thing taken or
required to be given during the search
with the consent of the occupier may be
25
used in evidence in proceedings.
(5) If the occupier is present during a search
under this section and consents to the taking
of, or the requirement to give, any thing
during the search, the authorised officer must
30
before taking or requiring the giving of the
thing ask the occupier to sign an
acknowledgment stating--
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(a) that the occupier has consented to the
taking of or requirement to give the
thing; and
Victorian Legislation and Parliamentary Documents
(b) the date and time that the occupier
consented.
5
(6) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment before the authorised
officer leaves the land.
(7) If an authorised officer exercises a power of
10
entry under this section without the occupier
being present the authorised officer must, on
leaving the land, leave a notice setting out--
(a) the time of entry; and
(b) the purpose of entry; and
15
(c) a description of all things done while
on the land; and
(d) the time of departure; and
(e) the procedure for contacting the
Secretary for further details of the
20
entry.
82. Emergency entry
(1) An authorised officer may enter and search
land--
(a) if he or she believes on reasonable
25
grounds that a State prohibited weed is
on the land; or
(b) at any time after the end of the period
of compliance stated in an interim land
management notice applying to the
30
land, in order to ascertain whether the
notice has been complied with; or
(c) to take action under section 79.
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(2) If an authorised officer believes on
reasonable grounds that a serious land
degradation problem exists on land, the
Victorian Legislation and Parliamentary Documents
authorised officer may at any reasonable
time, enter and search that land--
5
(a) if he or she believes on reasonable
grounds that section 20 has not been or
is not being complied with; or
(b) if he or she believes on reasonable
grounds that a contravention of Part 7
10
may have occurred on the land; or
(c) in order to ascertain whether an
authority, direction, order, permit or
land use condition under this Act is
being complied with; or
15
(d) at any time after the end of the period
of compliance stated in a land
management notice under Division 1 of
Part 5 applying to the land, in order to
ascertain whether the notice has been
20
complied with.
(3) Sub-sections (1) and (2) do not apply to a
dwelling.
(4) An authorised officer who enters land under
this section may do all or any of the
25
following, if he or she believes it necessary
for the purposes of sub-section (1) or (2)--
(a) search and examine land or goods or
vehicles on the land;
(b) ask questions in connection with the
30
authorised officer's functions under this
Act;
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(c) without payment, take, or require the
occupier of the land to give, samples of
soil, stone or similar material or goods
Victorian Legislation and Parliamentary Documents
on the land;
(d) ask a person to state his or her name
5
and address if the authorised officer--
(i) believes on reasonable grounds
that the person has committed an
offence under Part 8 relating to a
pest animal; and
10
(ii) has informed the person of the
grounds for that belief in
sufficient detail to allow the
person to understand the nature of
the offence.
15
(5) If an authorised officer exercises a power of
entry under this section without the occupier
being present the authorised officer must, on
leaving the land, leave a notice setting out--
(a) the time of entry; and
20
(b) the purpose of entry; and
(c) a description of all things done while
on the land; and
(d) the time of departure; and
(e) the procedure for contacting the
25
Secretary for further details of the
entry.
83. Entry with warrant
(1) An authorised officer may apply to a
magistrate for the issue of a search warrant
30
in relation to particular land to enter that land
if he or she believes on reasonable grounds
that there is on the land evidence of the
commission of an offence against this Act or
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the regulations in relation to pest animals or
noxious weeds.
Victorian Legislation and Parliamentary Documents
(2) If a magistrate is satisfied by the evidence,
on oath or by affidavit of the authorised
officer that there are reasonable grounds to
5
believe that there is a thing or things of a
particular kind on the land that are connected
with the commission of an offence against
this Act or the regulations in relation to pest
animals or noxious weeds, the magistrate
10
may issue a warrant, in accordance with the
Magistrates' Court Act 1989, authorising
an authorised officer named in the warrant,
together with any other person or persons
named or otherwise identified in the warrant
15
and with any necessary equipment--
(a) to enter the land named or described in
the warrant, if necessary by force; and
(b) to do all or any of the following things
specified in the warrant--
20
(i) search for a thing or things of a
particular kind;
(ii) inspect, extract or copy a
document or document of a
particular kind;
25
(iii) inspect and take photographs
(including video recordings) of a
thing or things of a particular
kind;
(iv) seize and impound a pest animal
30
or noxious weed;
(v) with whatever assistance is
required, take and keep samples
of--
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(i) the blood, any bodily fluids
or other matter from any pest
animal; or
Victorian Legislation and Parliamentary Documents
(ii) any noxious weed--
named or described in the warrant and
5
which the authorised officer believes,
on reasonable grounds, to be connected
with the alleged commission of an
offence; and
(c) if necessary, destroy or otherwise
10
dispose of, or order a land owner to
destroy, a pest animal or noxious weed
seized under paragraph (b) or
section 83A.
(3) A search warrant issued under this section
15
must state--
(a) the purpose for which the search is
required and the nature of the alleged
offence; and
(b) any conditions to which the warrant is
20
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
25
issue of the warrant, on which the
warrant ceases to have effect.
(4) An authorised officer may apply for a search
warrant to do any of the things referred to in
sub-section (2)(b).
30
(5) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
35
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(6) Despite sub-section (5) or anything in the
Magistrates' Court Act 1989, a warrant
under this section does not authorise an
Victorian Legislation and Parliamentary Documents
authorised officer to arrest a person.
83A. Seizure of things not mentioned in the
5
warrant
A search warrant under section 83 authorises
an authorised officer executing the search
warrant, in addition to the seizure of any
thing of the kind described in the warrant, to
10
seize or take a sample of any thing which is
not of the kind described in the warrant if--
(a) the authorised officer believes, on
reasonable grounds, that the thing--
(i) is of a kind which could have been
15
included in a search warrant
issued under this Part; or
(ii) will afford evidence about the
commission of an offence against
this Act or the regulations; and
20
(b) in the case of seizure, the authorised
officer believes, on reasonable grounds,
that it is necessary to seize that thing in
order to prevent its concealment, loss or
destruction or its use in the commission
25
of an offence against this Act or the
regulations.
83B. Announcement before entry
(1) On executing a search warrant, the
authorised officer executing the warrant--
30
(a) must announce that he or she is
authorised by the warrant to enter the
land; and
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(b) if the authorised officer has been unable
to obtain unforced entry, must give any
person on the land an opportunity to
Victorian Legislation and Parliamentary Documents
allow entry to the land.
(2) An authorised officer need not comply with
5
sub-section (1) if he or she believes, on
reasonable grounds that immediate entry to
the land is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
10
search warrant is not frustrated.
83C. Details of warrant to be given to occupier
(1) If the occupier is present on land where a
search warrant is being executed, the
authorised officer must--
15
(a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
(2) If the occupier is not present on land where a
20
search warrant is being executed, the
authorised officer must--
(a) identify himself or herself to a person
on the land; and
(b) give to the person a copy of the
25
warrant.
83D. Searches of vehicles and boats
(1) An authorised officer or a member of the
police force may, at any time, without
warrant, stop if necessary, and enter and
30
search any boat or vehicle which he or she
reasonably believes has been used by
persons committing an offence against
Division 3 of Part 8.
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(2) An authorised officer or a member of the
police force who has entered a vehicle or
boat and is conducting a search under sub-
Victorian Legislation and Parliamentary Documents
section (1) may do any one or more of the
following--
5
(a) inspect and take photographs (including
video recordings) of the boat or vehicle
or any thing found during the course of
the search;
(b) with whatever assistance is required,
10
take and keep samples of the blood, any
bodily fluids or other matter from any
pest animal found during the course of
the search;
(c) with whatever assistance is required,
15
mark any pest animal found during the
course of the search for the purpose of
later being able to identify it;
(d) inspect and make copies of or take
extracts from any document found
20
during the course of the search;
(e) seize any pest animal found during the
course of the search if the authorised
officer or member of the police force
believes on reasonable grounds that it is
25
necessary to seize the animal in order to
prevent its concealment, loss or
destruction.
83E. Searches of vehicles for noxious weeds
(1) An authorised officer may, at any time,
30
without a warrant, stop if necessary and
search any vehicle if the authorised officer
believes on reasonable grounds that section
70A(1) has not been complied with.
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(2) An authorised officer who conducts a search
under this section may--
Victorian Legislation and Parliamentary Documents
(a) direct the operator of the vehicle to
ensure that the vehicle is free from the
seeds of any noxious weeds and any
5
other part of a noxious weed that is
capable of growing; or
(b) take steps to ensure that the vehicle is
free from such seeds or any part of a
noxious weed.
10
83F. Authorised officer may have assistance
An authorised officer who enters land or a
vehicle or boat under this Division may do
so with any assistance that he or she requires.
83G. Return of seized things
15
(1) Subject to sub-section (2), if any thing is
seized under this Act and--
(a) proceedings are not commenced against
any person for any offence arising out
of the circumstances of the seizure
20
within 90 days after the seizure; or
(b) proceedings are commenced within
90 days after the seizure but are
subsequently discontinued; or
(c) the reason for the seizure no longer
25
exists--
the Secretary must order the return of the
thing to the owner immediately and must
notify the owner in writing accordingly.
(2) Sub-section (1) does not apply to anything,
30
the sale, possession or use of which, is
prohibited by or under this Act.
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(3) Any thing seized under this Act and not
claimed within 12 months after the seizure,
may be destroyed or sold and the proceeds of
Victorian Legislation and Parliamentary Documents
sale paid to the Consolidated Fund.
83H. Magistrates' Court may extend 90 day
5
period
(1) An authorised officer may apply to the
Magistrates' Court within 90 days after
seizing a thing under this Act for an
extension of the period for which the
10
authorised officer may retain the thing.
(2) The Magistrates' Court may order the
extension if it is satisfied that retention of the
thing is necessary--
(a) for the purposes of an investigation into
15
whether a contravention of this Act or
the regulations has occurred; or
(b) to enable evidence of a contravention of
this Act or the regulations to be
obtained for the purposes of a
20
proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
application to be given to any person.
83I. Disposal of seized things
25
(1) If a person is found guilty by a court of an
offence against this Act or the regulations,
the court may, in addition to imposing any
other penalty, order any thing seized under
this Act which relates to that offence to be
30
destroyed or otherwise disposed of in the
manner specified in the order.
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(2) The Magistrates' Court may, on the
application of an authorised officer, order
that any thing seized under this Act be
Victorian Legislation and Parliamentary Documents
destroyed or otherwise disposed of, if the
Court is satisfied that--
5
(a) the owner of the thing cannot be found;
or
(b) in the case of a pest animal, the person
apparently in possession of the animal
does not hold a permit under Part 8 to
10
do so.
83J. Requirements as to taking samples and
seizure
(1) An authorised officer or member of the
police force may not take samples of a thing
15
or seize a thing apparently in the possession
of a person unless the officer or member
makes out or tenders to the person a written
receipt for the sample taken or thing seized.
(2) If the officer or member is unable to
20
ascertain the identity of the owner or
custodian of the thing seized or sampled, the
officer or member must leave a receipt with
or post it to the person apparently in charge
of the thing seized.
25
83K. Samples
If an authorised officer or member of the
police force proposes to take samples, he or
she must--
(a) advise the owner, if possible, before
30
taking the sample that it is taken for the
purpose of analysis; and
(b) if, in the opinion of the officer it is
reasonably possible, divide the sample
into 3 parts and give one part to the
35
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s. 29
Act No.
owner, one part to the analyst and keep
one part untouched for future
comparison; and
Victorian Legislation and Parliamentary Documents
(c) return the sample to the person from
whom it was taken within 28 days, if
5
the sample is not required for the
purposes of proceedings under this Act
or the regulations.
83L. Retention notices
(1) If an authorised officer believes on
10
reasonable grounds that any thing has been
taken or is being held in contravention of
Division 3 of Part 8 or a corresponding law
of another State, a Territory of the
Commonwealth or the Commonwealth, the
15
officer may issue the person holding the
thing with a notice requiring that person to
keep the thing in his or her possession and
not to sell or dispose of the thing.
(2) A notice under sub-section (1)--
20
(a) must be in writing; and
(b) has effect for the period specified in the
notice (which must not be more than 90
days from the issue of the notice); and
(c) may be cancelled by the person who
25
issued the notice; and
(d) is subject to any terms and conditions
specified in the notice.
(3) If the Secretary is of the opinion that it is
reasonably necessary to do so, the Secretary
30
may extend the period for which a notice
under sub-section (1) has effect under sub-
section (2).
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(4) If the Secretary extends the period for which
a notice under sub-section (1) has effect, the
Secretary must, before the expiry of the
Victorian Legislation and Parliamentary Documents
original extension--
(a) notify the person to whom the notice is
5
issued of the extension; and
(b) specify in the notice the period for
which the extension is to have effect.
(5) A person to whom a notice under sub-section
(1) has been issued must comply with the
10
notice.
Penalty: 120 penalty units.
83M. Evidentiary provisions relating to retention
notices
(1) In any proceedings under section 83L,
15
evidence that a thing, specified in a notice
under section 83L as being in the possession
of a particular person, is no longer in the
possession of that person is evidence, and, in
the absence of evidence to the contrary, is
20
proof that the person has not complied with
the notice.
(2) In any proceedings under this Act, the fact
that a thing is specified in a notice under
section 83L as being in the possession of a
25
particular person is evidence, and, in the
absence of evidence to the contrary, is proof
that the thing was in the possession of that
person at the time the notice was issued.
83N. Authorised officer to comply with
30
prescribed procedures
In exercising a power under this Division an
authorised officer must comply with any
prescribed procedures.".
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s. 30
Act No.
30. Offences relating to enforcement
(1) In section 84(1) of the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in paragraph (e), for "respect." substitute
"respect; or";
(b) after paragraph (e) insert--
5
"(f) in any way, hold himself or herself out
to be an authorised officer if the person
is not an authorised officer.".
(2) For the penalty at the foot of section 84(1) of the
Principal Act substitute--
10
"Penalty: 60 penalty units.".
(3) After section 84(2) of the Principal Act insert--
"(3) Sub-section (2) does not apply to a person
who is asked to state his or her name and
address by an authorised officer in exercising
15
a power under this Part.".
31. Notices for the purpose of this Act
In section 85(1)(a) of the Principal Act, for "form"
substitute "manner".
32. Certificates
20
In section 90 of the Principal Act--
(a) in sub-section (4)(c)(v) for "land." substitute
"land; and";
(b) after sub-section (4)(c) insert--
"(d) if a land management notice was in
25
force on the date specified in the
certificate, be accompanied by a copy
of that land management notice.".
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s. 33
Act No.
33. Regulation-making power for the keeping of
established pest animals
Victorian Legislation and Parliamentary Documents
For section 95(1)(c) of the Principal Act
substitute--
"(c) in relation to established pest animals
5
prescribing--
(i) the conditions under which established
pest animals may be kept; and
(ii) the purposes for which established pest
animals may be kept; and
10
(iii) the types of species of established pest
animal that may be kept; and
(iv) the maximum number of established
pest animals that may be kept;".
34. Substitution of new clause 4 in Schedule 1
15
For clause 4 of Schedule 1 to the Principal Act
substitute--
'4. Remuneration
(1) A member of a body who is not--
20 (a) a public sector employee; or
(b) a member of staff of a municipal council--
is entitled to the remuneration and allowances (if any)
fixed by the Minister.
(2) In this clause "public sector employee" has the same
25 meaning as in the Public Sector Management and
Employment Act 1998.'.
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Catchment and Land Protection (Amendment) Act 2003
s. 35
Act No.
35. Amendment to Extractive Industries Development Act
1995
Victorian Legislation and Parliamentary Documents
See: After section 5(4) of the Extractive Industries
Act No.
Development Act 1995 insert--
67/1995.
Reprint No. 2
'(5) The provisions of this Act do not apply to or
5 as at
16 November
with respect to the carrying out of any
2002.
"extractive activity" within the meaning of
LawToday:
www.dms.
the Catchment and Land Protection Act
dpc.vic.
1994.'.
gov.au
34
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Catchment and Land Protection (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
35
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