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VEGETATION MANAGEMENT ACT 1999 - SECT 35
Warrants—procedure before entry
35 Warrants—procedure before entry
(1) This section applies if an authorised officer is intending to enter a
place under a warrant issued under this division.
(2) Before entering the
place, the authorised officer must do or make a reasonable attempt to do the
following things— (a) identify himself or herself to a person present at the
place who is an occupier of the place by producing the authorised officer’s
identity card or a copy of another document evidencing the authorised
officer’s appointment;
(b) give the person a copy of the warrant or, if the
entry is authorised by a facsimile warrant or warrant form mentioned in
section 34 (6) , a copy of the facsimile warrant or warrant form;
(c) tell
the person the authorised officer is permitted by the warrant to enter the
place;
(d) give the person an opportunity to allow the authorised officer
immediate entry to the place without using force.
(3) However, the authorised
officer need not comply with subsection (2) if the authorised officer
reasonably believes that immediate entry to the place is required to ensure
the effective execution of the warrant is not frustrated.
(4) If there is no
person present at the place who is an occupier of the place, or it is vacant
land, it is sufficient compliance with subsection (2) for the officer, before
entering the place, to do or make a reasonable attempt to do the following
things— (a) contact an owner or occupier of the place;
(b) tell the owner
or occupier the authorised officer is permitted by the warrant to enter the
place;
(c) give the owner or occupier an opportunity to allow the authorised
officer immediate entry to the place without using force.
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