South Australian Repealed Acts

This legislation has been repealed.

SOIL CONSERVATION AND LAND CARE ACT 1989 - SECT 53

53—Powers of entry

        (1)         Subject to this section, an authorised officer, a member of the Council, the Minister or (but only in relation to land within the board's district) a member of a board may, at any reasonable time, for the purposes of this Act, exercise any of the following powers in relation to land:

            (a)         enter the land;

            (b)         carry out an inspection of the land;

            (c)         take samples from the land;

            (d)         take photographs;

            (e)         with the consent of the owner of the land, erect markers or photopoints for the purposes of survey or research.

        (2)         A person authorised by a board to carry out work on land on behalf of the board pursuant to this Act may enter and remain on the land for that purpose.

        (3)         A person cannot exercise powers under this section in relation to any land unless at least seven days' notice has been given to the owner of the land, but no such notice need be given—

            (a)         if it is not practicable to do so; or

            (b)         if the person believes on reasonable grounds—

                  (i)         that an offence against this Act has been, is being or is about to be committed on the land; or

                  (ii)         that the owner of the land has failed to comply with a soil conservation order; or

                  (iii)         that the owner of the land has failed to comply with an approved property plan.

        (4)         A person exercising powers under this section may be accompanied by such assistants as are reasonably necessary in the circumstances.

        (5)         An authorised officer or other person must at the request of the owner of the land, or an agent of the owner, produce for his or her inspection a certificate or other proof of his or her authority to exercise the powers conferred by this section.

        (6)         An authorised officer, or person assisting an authorised officer, who, in the course of exercising powers under this section in relation to any land—

            (a)         unreasonably hinders or obstructs the landowner in the day-to-day running of his or her business on the land; or

            (b)         addresses offensive language to the landowner or to any other person on the land; or

            (c)         assaults the landowner or any other person on the land,

is guilty of an offence.

Penalty:

            (a)         for an offence against paragraph (a) or (b)—a division 7 fine;

            (b)         for an offence against paragraph (c)—a division 7 fine or division 7 imprisonment.