Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 57

Powers of authorised officers

57. Powers of authorised officers



(1) An authorised officer may take any action which is necessary to find out
whether the provisions of-

   (a)  this Act; or

   (b)  the regulations; or

   (c)  any Orders in Council made under this Act; or

   (d)  an interim conservation order; or

   (e)  a licence or permit given under this Act; or

   (f)  a public authority management agreement; or

   (g)  a land management co-operative agreement entered into under the
        Conservation, Forests and Lands Act 1987 for the purposes of this Act;
        or

   (h)  any Codes of Practice approved under the
        Conservation, Forests and Lands Act 1987 for the purposes of this Act-

are being complied with.

(2) For the purposes of subsection (1) an authorised officer may-

   (a)  at any reasonable time and by any reasonable means and with that
        assistance which the authorised officer requires enter land, buildings
        not occupied as places of residence or vehicles; or

   (b)  search any land, buildings not occupied as places of residence or
        vehicles; or

   (c)  with a warrant, search any building occupied as a place of residence;
        or

   (d)  inspect equipment, machinery, implements, plants, animals, enclosures
        or other goods; or

   (e)  require a moving vehicle to be stopped; or

   (f)  ask questions; or

   (g)  seize, examine or take copies of, or extracts from documents; or



   (h)  without payment, take or require a person who is the landholder of the
        land or is apparently in charge of anything mentioned in paragraph (b)
        to give to the authorised officer samples of substances or articles in
        respect of which the officer suspects that there has been a
        contravention of an instrument mentioned in subsection (1); or

        (i)    require a person to produce a document which the officer
               believes on reasonable grounds relates to, or may contain
               evidence of an offence under this Act or the regulations; or

   (j)  require the person having custody of any municipal rate book or record
        to produce it to the officer who may inspect the rate book or record
        to find the name or address of a landholder or water manager and take
        extracts from the rate book or record; or

   (k)  having first given notice to the owner and to the person in possession
        of the land enter land and construct or erect or maintain markers or
        equipment on that land; or

   (l)  having first given notice to the owner and to the person in possession
        of the land enter land and carry out scientific studies; or

   (m)  request a person to give his or her name and place of residence.

(3) For the purposes of preventing the commission repetition or continuance of
an offence against this Act or the regulations an authorised officer may seize
any equipment or material which is being used by any person found committing
an offence.





(4) A magistrate may issue a search warrant with respect to any building if
satisfied by the evidence on oath or by affidavit of the authorised officer
that there is reasonable grounds for believing flora or fauna is being held
there in contravention of this Act.

(5) This section is in addition to and does not limit the other powers which
an authorised officer has under this Act or the
Conservation, Forests and Lands Act 1987.