Victorian Current Acts Victorian Current Acts(1) An authorised officer may take any action which is necessary to find out whether the provisions of—
(a) this Act; or
(b) the regulations; or
(c) any Orders in Council made under this Act; or
S. 57(1)(d) amended by No. 28/2019 s. 29(2).
(d) a habitat conservation
order; or
(e) a licence or permit given under this Act; or
(f) a public authority management agreement; or
(g) a land management co-operative agreement entered into under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or
(h) any Codes of Practice approved under the Conservation, Forests and Lands Act 1987 for the purposes of this Act—
are being complied with.
(2) For the purposes of subsection (1) an authorised officer may—
(a) at any reasonable time and by any reasonable means and with that assistance which the authorised officer requires enter land, buildings not occupied as places of residence or vehicles; or
(b) search any land, buildings not occupied as places of residence or vehicles; or
S. 57(2)(c) repealed by No. 28/2019 s. 29(3).
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(d) inspect equipment, machinery, implements, plants, animals, enclosures or other goods; or
(e) require a moving vehicle to be stopped; or
(f) ask questions; or
S. 57(2)(g) substituted by No. 28/2019 s. 29(4).
(g) seize any thing (including a document) found at the land, building or vehicle if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—
(i) its concealment, loss or destruction; or
(ii) its use in the contravention of this Act or an instrument referred to in subsection (1); or
S. 57(2)(h) substituted by No. 28/2019 s. 29(5).
(h) without payment, take or require a person, who is the landholder of the land or is apparently in charge of the building or vehicle (as the case requires), to give to the authorised officer samples of any thing in respect of which the authorised officer suspects that there has been a contravention of this Act or an instrument referred to in subsection (1) that is found at the land, building or vehicle; or
(i) require a person to produce a document which the officer believes on reasonable grounds relates to, or may contain evidence of an offence under this Act or the regulations; or
S. 57(2)(ia) inserted by No. 28/2019 s. 29(6).
(ia) examine, take copies of, or take extracts from, documents that are seized by or produced to the authorised officer; or
(j) require the person having custody of any municipal rate book or record to produce it to the officer who may inspect the rate book or record to find the name or address of a landholder or water manager and take extracts from the rate book or record; or
S. 57(2)(k) substituted by No. 28/2019 s. 29(7).
(k) having first given notice to the landholder of the land or the person in charge of the building or vehicle (as the case requires), construct, erect and maintain markers or mark any thing, on or in the land, building or vehicle; or
(l) having first given notice to the owner and to the person in possession of the land enter land and carry out scientific studies; or
(m) request a person to give his or her name and place of residence.
S. 57(3) substituted by No. 28/2019 s. 29(8).
(3) An authorised officer who has asked a person to produce a document, sample, plant, animal or other thing under this section (other than under subsection (2)(j)) must inform the person—
(a) of the period, which must not be less than 14 days after the request for production, within which the person must produce the thing; and
(b) of the place where the thing must be produced.
S. 57(4) amended by Nos 57/1989 s. 3(Sch. item 78), 6/2018 s. 68(Sch. 2 item 57.1), repealed by No. 28/2019 s. 29(9).
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S. 57(5) repealed by No. 28/2019 s. 29(9).
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S. 57A inserted by No. 28/2019 s. 30.