Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 154

154 Other powers of conservation officers

(1) Subject to subsections (2) to (5) , a conservation officer may, for the purposes of this Act, exercise any of the following powers—

(a) enter any land at any reasonable time for the purpose of—

(i) inspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or

(ii) inspecting an area to ascertain—

(A) its suitability for dedication or declaration as a protected area; or

(B) whether a conservation agreement should be entered into in relation to the area; or

(iii) investigating or monitoring compliance with a conservation agreement for a protected area;

(b) require a person to produce to the officer—

(i) any licence, permit or other authority held by the person under a regulation; or

(ii) any document required to be kept by the person under a regulation;

(c) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) ;

(d) if the officer is a special conservation officer—

(i) arrest a person found by the officer committing an offence against this Act; or

(ii) arrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act;

if the officer believes on reasonable grounds that proceedings by way of complaint and summons against the person would be ineffective;

(e) such other powers as are prescribed.

(2) Before exercising the power mentioned in subsection (1) (a) , a conservation officer must—

(a) obtain or, in urgent circumstances, take all reasonable steps to obtain, the consent of the landholder concerned; or

(b) give at least 14 days written notice to the landholder concerned of—

(i) the officer’s intention to enter the land; and

(ii) the proposed purpose in entering the land; and

(iii) the day and time when the officer proposes to enter the land.

(3) In exercising the power mentioned in subsection (1) (a) , a conservation officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.

(4) A conservation officer may keep a document under subsection (1) (c) only for the purpose of taking copies of the document and must, as soon as practicable after taking the copies, return the document to the person who produced it.

(5) If a special conservation officer arrests a person under subsection (1) (d) , the officer must, as soon as it is reasonably practicable to do so, deliver the person into the custody of a police officer at the nearest accessible police station or watch house to be dealt with according to law.