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VEGETATION MANAGEMENT ACT 1999 - SECT 30
Power to enter places
30 Power to enter places
(1) An authorised officer may enter a place if— (a) an occupier of the place
consents to the entry; or
(b) it is a public place and the entry is made when
it is open to the public; or
(c) the place is— (i) the subject of— (A) a
development approval; or
(B) a lease, licence or permit under the
Land Act 1994 ; or
(C) a stop work notice or restoration notice; or
(D) an
enforcement notice under the Planning Act relating to the contravention of a
vegetation clearing provision; or
(E) an activity, being carried out at the
time of entry, to which an enforceable undertaking relates; or
(F) a
notification of an intention to clear vegetation given under an accepted
development vegetation clearing code or an area management plan; and
(ii)
entered during daylight hours; or
(d) the entry is for the purpose of giving
an occupier a stop work notice requiring the occupier to immediately stop
committing a vegetation clearing offence; or
(e) the entry is under
section 30A or is authorised by a warrant.
(2) For the purpose of asking the
occupier of a place for consent to enter, an authorised officer may, without
the occupier’s consent or a warrant— (a) enter land around premises at the
place to an extent that is reasonable to contact the occupier; or
(b) enter
part of the place the authorised officer reasonably considers members of the
public ordinarily are allowed to enter when they wish to contact the occupier.
(3) Subsection (1) (c) does not apply to a part of a place where a person
resides.
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