Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 325

    (1)     This section applies if a conservation officer believes on reasonable grounds that a person—

        (a)     is in a reserve; and

        (b)     either—

              (i)     has acted in—

    (A)     an offensive way; or

    (B)     a way that creates a public nuisance; or

              (ii)     has committed, is committing or is about to commit an offence against this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

    (2)     The conservation officer may direct the person to immediately leave the reserve (a leave reserve direction ).

Note     The conservation officer must first show the person the conservation officer's identity card (see s 30).

    (3)     A leave reserve direction must state—

        (a)     the location of the reserve; and

        (b)     that the person may return to the reserve only after—

              (i)     if a closed reserve declaration under section 259 is in force for the reserve—the declaration ends; or

              (ii)     in any other case—a stated time not more than 24 hours after the direction is given to the person.

Note     It is an offence to enter, or remain in, a reserve if a closed reserve declaration is in force for the reserve (see s 260).

    (4)     If a conservation officer gives a direction to a person, the officer must tell the person that it is an offence if the person fails to comply with the direction.

Note     The power to make a direction includes the power to amend or repeal the direction. The power to amend or repeal the direction is exercisable in the same way, and subject to the same conditions, as the power to make the direction (see Legislation Act

, s 46).