Contents (2003 - 103)
Native Vegetation Act 2003 No 103
Division 2 Investigation
35 Powers of entry and inspection
(1) An authorised officer may enter land for the purpose of determining whether a person is contravening or has contravened this Act, but only if:(a) the landholder consents, or(b) the Director-General has authorised the entry onto the land concerned.(2) An authorised officer may, for the purposes of determining whether a person is contravening or has contravened this Act:(a) conduct such investigations, make such inquiries, examinations and inspections, and take such samples and recordings (including photographs), as the officer considers necessary, and(b) require a landholder or other person to produce to the officer any records or documents that relate to any clearing of native vegetation on any land, and(c) require a landholder or other person to provide such reasonable assistance and facilities as may be requested by the officer to exercise the officer’s functions under this section.(3) A person may accompany an authorised officer and take all reasonable steps to assist an officer in the exercise of the officer’s functions under this section if the officer is of the opinion that the person is capable of providing assistance to the officer in the exercise of those functions.(4) An authorised officer is not entitled to enter any part of premises used only for residential purposes except with the consent of the landholder.(5) A person who, without reasonable excuse:(a) obstructs an authorised officer in the exercise of the officer’s functions under this section, oris guilty of an offence.(b) fails or refuses to comply with a requirement made by an authorised officer under this section,Maximum penalty: 100 penalty units.(6) In this section, obstruct includes delay, threaten or hinder.