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VEGETATION MANAGEMENT ACT 1999 - SECT 39
Seizing evidence
39 Seizing evidence
(1) This section applies if, under this division, an authorised officer enters
a place after obtaining the consent of an occupier or under section 30A or a
warrant.
(2) If the authorised officer enters the place with the occupier’s
consent or under section 30A , the authorised officer may seize a thing at the
place if— (a) the authorised officer reasonably believes the thing is
evidence of a vegetation clearing offence; and
(b) either— (i) if the
authorised officer entered the place with the occupier’s consent—seizure
of the thing is consistent with the purpose of the entry as told to the
occupier when asking for the occupier’s consent; or
(ii) if the authorised
officer entered the place under section 30A —seizure of the thing is
consistent with the purpose of the proposed entry stated in the written notice
of entry given to the occupier under that section.
(3) If the authorised
officer enters the place with a warrant, the authorised officer may seize the
evidence for which the warrant was issued.
(4) The authorised officer may
seize anything else at the place if the authorised officer reasonably
believes— (a) the thing is evidence of a vegetation clearing offence; and
(b) the seizure is necessary to prevent the thing being— (i) hidden, lost or
destroyed; or
(ii) used to continue, or repeat, the offence.
(5) Also, the
authorised officer may seize a thing at the place if the authorised officer
reasonably believes it has just been used in committing a vegetation clearing
offence.
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