Victorian Current Acts

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FORESTS ACT 1958 - SECT 95

Powers of entry by authorized officers etc.

S. 95(1) amended by Nos 6976 s. 20, 41/1987 s. 103(Sch. 4 item 24.108), 76/1998
s. 10(1)(u).

    (1)     The Secretary shall for the purposes of this Act and the regulations thereunder have power by itself or any of its officers or any person (authorized by the Secretary in writing either generally or in any particular case) together with such workmen vehicles and equipment as the Secretary or any such officer or person deems necessary to enter at any time into and upon any building or land for the purposes of—

S. 95(1)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.108), 76/1998
s. 10(1)(u).

        (a)     executing any work or exercising any power or making any inspection authorized to be executed exercised or made by the Secretary or any such officer or person under this Act or the regulations thereunder;

        (b)     ascertaining whether the provisions of this Act and regulations with respect to the prevention or extinguishing of fires are being complied with; or

        (c)     taking or directing to be taken all lawful steps for preventing or extinguishing fires:

S. 95(1) Proviso amended by Nos 41/1987 s. 103(Sch. 4 item 24.108), 76/1998
s. 10(1)(u).

Provided that except so far as the purposes mentioned in paragraphs (b) and (c) of this subsection are concerned the Secretary or any such officer or person shall not make any such entry upon occupied premises unless with the consent of the occupier until after the expiration of twenty-four hours' notice of intention to enter given to the occupier.

S. 95(2) amended by Nos 10235 s. 3(l), 41/1987 s. 103(Sch. 4 item 24.108), 76/1998
s. 10(1)(u).

    (2)     Every person who at any time obstructs the Secretary or any such officer or person in the performance of anything which the Secretary or such officer or person is empowered to do under this section shall be liable to a penalty of not more than 10 penalty units.

S. 95A inserted by No. 48/2004 s. 122.



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