Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 36

36 General powers after entering places

(1) This section applies to an authorised officer who enters a place.

(2) However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.

(3) For monitoring or enforcing compliance with this Act or a vegetation clearing provision, the authorised officer may, subject to subsection (5) —

(a) search any part of the place; or

(b) inspect, measure, test, photograph or film any part of the place or anything at the place; or

(c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or

(d) copy a document at the place; or

(e) take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or

(f) require an occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or

(g) require an occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act or a vegetation clearing provision is being complied with.

(4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(5) If the authorised officer enters the place under section 30 (1) (d) for the purpose of giving an occupier a stop work notice, the authorised officer may only—

(a) give the occupier the stop work notice; and

(b) take into or onto the place any person the authorised officer reasonably requires for giving the notice.