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VEGETATION MANAGEMENT ACT 1999 - SECT 30A
Power to enter place on reasonable belief of vegetation clearing offence
30A Power to enter place on reasonable belief of vegetation clearing offence
(1) This section applies if an authorised officer believes on reasonable
grounds that a vegetation clearing offence is happening, or has happened, at a
place.
(2) The authorised officer may enter and re-enter the place without
the occupier’s consent or a warrant to investigate whether a vegetation
clearing offence is happening, or has happened, at the place.
(3) The
authorised officer may exercise powers under subsection (2) , at the time,
with the help, and using the force, that is necessary and reasonable in the
circumstances.
(4) However, before first entering the place, the authorised
officer must give at least 24 hours written notice of the proposed entry to an
occupier of the place.
(5) Notice of the proposed entry must include the
following information— (a) that the authorised officer believes on
reasonable grounds that a vegetation clearing offence is happening, or has
happened, at the place;
(b) the reasons for the authorised officer’s
belief;
(c) that the authorised officer intends to enter the place and may
re-enter the place;
(d) the purpose of the proposed entry;
(e) the dates and
times of entry and re-entry.
(6) In exercising a power under this section, an
authorised officer must take all reasonable steps to ensure the officer causes
as little inconvenience, and does as little damage, as is practicable in the
circumstances.
(7) This section does not apply to a part of a place where a
person resides.
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