SOIL AND LAND CONSERVATION ACT 1945 - SECT 21
SOIL AND LAND CONSERVATION ACT 1945 - SECT 21
21 . Power of entry
(1) The Commissioner
or any officer or employee may, in the exercise or performance of any power,
authority, duty or function conferred or imposed upon the Commissioner or
officer or employee by or under this Act, enter any land and make such
surveys, place such marks and carry out such investigations thereon (including
the taking of specimens of soil) as the Commissioner or officer or employee
may deem necessary. It shall be the duty of the Commissioner or officer or
employee to make such survey, place such marks, or carry out such
investigations only after at least 7 days’ notice in writing has been
given to the owner of such land or the actual occupier of the land at the time
and with the minimum of interference with the lawful activities upon the land
which are being carried on by such owner or occupier.
(1a) Notwithstanding
subsection (1) the notice referred to in that subsection —
(a) may
be of less than 7 days; or
(b) may
be given otherwise than in writing,
or both, so long as
the notice is reasonable in the circumstances.
(2) Where the exercise
or performance of any power, authority, duty or function, conferred or imposed
upon the Commissioner or any officer or employee by or under this Act requires
the making of an entry upon any land by the Commissioner or by any officer or
employee, the Commissioner or such officer or employee shall be furnished with
an authority card in the prescribed form.
(3) Any such authority
card may be general or may be limited to specified land or to land in any
specified part of the State.
(4) Production of any
such authority card shall be evidence of the authority of the bearer thereof
to enter any land to which such authority card relates, and to make surveys,
place marks and carry out investigations thereon.
(5) Any person who
—
(a)
obstructs or hinders the Commissioner or any officer or employee from making
any survey, placing any mark, or carrying out any investigation authorised by
this section; or
(b)
removes or interferes with any mark placed on land under the authority of this
section,
shall be guilty of an
offence.
Penalty for this subsection: a fine of $1 000.
[Section 21 amended: No. 113 of 1965 s. 8; No. 42
of 1982 s. 22; No. 20 of 1989 s. 3; No. 19 of 2022 s. 17 and 18(1).]