§ 22 — Power to enter and inspect

22.—(1) An authorised officer or enforcement officer may, without warrant, enter, at all reasonable times, and remain on State land, or any other land in or from which the officer has reasonable grounds to suspect that an offence under this Act may be committed, and do all or any of the following:(a)

to examine any thing or observe any activity conducted in or on the land in question without involving any search of any premises, thing or person, or any seizure (without warrant) of any thing, in or on that land;

(b)

to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land in question and any thing in or on that land;

(c)

to make measurements of the land in question and any thing in or on that land;

(d)

to take samples of water, soil, vegetation or other similar substances from the land in question and any thing in or on that land for the purposes of analysis;

(e)

to inspect any document in or on the land and take extracts from, or make copies of, any such document, without paying any fee;

(f)

to operate electronic equipment in or on the land;

(g)

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the land, where the authorised officer or enforcement officer believes on reasonable grounds that —(i)

the thing is evidential material relevant to an offence under this Act; and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(h)

under warrant of court, to seize any thing found in or on the land which the authorised officer or enforcement officer reasonably suspects is as described in paragraph (g)(i);

(i)

to take into or onto the land any equipment and materials that the authorised officer or enforcement officer requires for the purpose of exercising powers under this Part in relation to the land.

(2) The power under subsection (1)(f) to operate electronic equipment in or on any land includes the power —(a)

to use a disk, tape or other storage device that is in or on the land and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the land to put the relevant data in documentary form and remove the documents so produced from the land; and

(c)

to operate electronic equipment in or on the land to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the land and the use of which for that purpose has been agreed in writing by the occupier of the land,

and to remove the disk, tape or other storage device from that land.

(3) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any land includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with such thing.

(4) The power under subsection (1)(h) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —(a)

in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and

(b)

the thing is evidential material for another offence under this Act.

(5) In this section, “thing” may include a vehicle, vessel, material or an article.

—(1) An authorised officer or enforcement officer may, without warrant, enter, at all reasonable times, and remain on State land, or any other land in or from which the officer has reasonable grounds to suspect that an offence under this Act may be committed, and do all or any of the following:(a)

to examine any thing or observe any activity conducted in or on the land in question without involving any search of any premises, thing or person, or any seizure (without warrant) of any thing, in or on that land;

(b)

to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land in question and any thing in or on that land;

(c)

to make measurements of the land in question and any thing in or on that land;

(d)

to take samples of water, soil, vegetation or other similar substances from the land in question and any thing in or on that land for the purposes of analysis;

(e)

to inspect any document in or on the land and take extracts from, or make copies of, any such document, without paying any fee;

(f)

to operate electronic equipment in or on the land;

(g)

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the land, where the authorised officer or enforcement officer believes on reasonable grounds that —(i)

the thing is evidential material relevant to an offence under this Act; and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(h)

under warrant of court, to seize any thing found in or on the land which the authorised officer or enforcement officer reasonably suspects is as described in paragraph (g)(i);

(i)

to take into or onto the land any equipment and materials that the authorised officer or enforcement officer requires for the purpose of exercising powers under this Part in relation to the land.

(2) The power under subsection (1)(f) to operate electronic equipment in or on any land includes the power —(a)

to use a disk, tape or other storage device that is in or on the land and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the land to put the relevant data in documentary form and remove the documents so produced from the land; and

(c)

to operate electronic equipment in or on the land to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the land and the use of which for that purpose has been agreed in writing by the occupier of the land,

and to remove the disk, tape or other storage device from that land.

(3) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any land includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with such thing.

(4) The power under subsection (1)(h) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —(a)

in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and

(b)

the thing is evidential material for another offence under this Act.

(5) In this section, “thing” may include a vehicle, vessel, material or an article.