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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 164
Powers of entry and seizure
164 Powers of entry and seizure
(1) An authorised officer-- (a) may at all times, if he or she suspects on
reasonable grounds that an offence against any of the provisions of this Act
or the regulations has been or is being committed and that any animal,
native plant, Aboriginal object or article in respect of which the suspected
offence has been or is being committed or which has been or is being used in
connection with the suspected offence is likely to be in or upon any premises
or vehicle, on production of the prescribed evidence of his or her authority--
(i) stop any such vehicle,
(ii) enter and search any such premises or
vehicle, and
(iii) subject to his or her giving a receipt in the prescribed
form seize any such animal, native plant, Aboriginal object (not being real
property) or article found therein or thereon together with any books, papers
or records relating to the suspected offence and make copies of, or take
extracts from, any such papers, books or records,
(b) may at all times, on
production of the prescribed evidence of his or her authority, enter any
premises or vehicle for the purpose of-- (i) inspecting any premises
registered under section 124, 125 or 128,
(ii) inspecting any premises in
which fauna are housed or caged under the authority of a licence under section
120 or 125A,
(iii) inspecting any lands on which protected native plants are
grown under the authority of a licence under section 132, or
(iv) searching
for and inspecting any articles that are being or could be used in
contravention of this Act or the regulations, and
(b1) may, at all times, on
production of the prescribed evidence of authority, enter any premises for the
purposes of-- (i) identifying and mapping critical habitat, and
(ii)
inspecting any lands that are the subject of an application for a licence
under Part 6 of the Threatened Species Conservation Act 1995 , and
(iii)
inspecting any lands that are the subject of proposed development or an
activity (within the meaning of the Environmental Planning and Assessment Act
1979 ) and in respect of the grant of development consent or approval to which
the Minister or the Secretary has been consulted or is (or is acting as) a
concurrence authority in accordance with that Act, and
(iv) inspecting any
lands for the purpose of investigating the presence or condition of
threatened species, populations or ecological communities, and their habitats,
for the purposes of the Threatened Species Conservation Act 1995 or this Act,
(c) may, for the enforcement of the provisions of this Act or the regulations,
exercise the powers and authority of a constable.
(2) Subsection (1) does
not-- (a) apply in relation to an offence of a class or description prescribed
for the purposes of this subsection,
(b) authorise the seizure of a vehicle
within the meaning of paragraph (a), (b), (c) or (e) of the definition of
"vehicle" in section 5 (1) or any prescribed article, or
(c) authorise any
person to enter in or upon that portion of a building that is used for
residential purposes except with the permission of the occupier or under the
authority of a search warrant issued under this section.
(3) For the purposes
of subsection (1) (a) (iii), the authorised officer may direct the occupier of
the premises where, or owner of the vehicle on or in which, the animal,
native plant, Aboriginal object or article is seized-- (a) for a specified
period (not exceeding 28 days)-- (i) to retain the animal, native plant,
Aboriginal object or article in or on those premises, that vehicle or at
another place under the control of the occupier or owner, and
(ii) to feed,
house or maintain (as appropriate) the animal, native plant, Aboriginal object
or article, and
(b) on a specified day within that period, deliver to the
authorised officer the animal, native plant, Aboriginal object or article.
(4) The power of seizure under subsection (1) (a) may be exercised without
exercising any of the other powers under subsection (1) (a).
(5) An
authorised officer or a police officer may apply to an issuing officer for a
search warrant if the authorised officer or police officer believes on
reasonable grounds-- (a) that an offence against a provision of this Act or
the regulations has been committed, and
(b) that there may be an animal,
native plant, Aboriginal object or article in respect of which any such
offence has been committed, or which has been used in connection with any such
offence, on any premises or vehicle.
(6) An issuing officer to whom an
application is made under subsection (5) may, if satisfied that there are
reasonable grounds for doing so, issue a search warrant authorising the
applicant to enter and search the premises or vehicle.
(7) A person executing
a search warrant issued under this section may exercise the power of seizure
under subsection (1) (a).
(8) Division 4 of Part 5 of the Law Enforcement
(Powers and Responsibilities) Act 2002 applies to a search warrant issued
under this section.
(9) In this section--
"issuing officer" means an authorised officer within the meaning of the
Law Enforcement (Powers and Responsibilities) Act 2002 .
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