South Australian Repealed Acts

This legislation has been repealed.

UPPER SOUTH EAST DRYLAND SALINITY AND FLOOD MANAGEMENT ACT 2002 - SECT 10

10—Powers of authorised officers

        (1)         An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time—

            (a)         enter any land;

            (b)         inspect any place, including the stratum lying below the surface of any land, and water on or under any land, and inspect any works, plant or equipment;

            (c)         give directions with respect to the stopping or movement of a vehicle, plant, equipment or other thing;

            (d)         take measurements, including measurements of the flow of any water on or under any land or relating to any change in any aspect of the environment;

            (e)         place any markers, pegs or other items or equipment in order to assist in environmental testing or monitoring;

            (f)         take samples of any substance or thing from any place (including under any land) or vehicle, plant, equipment or other thing;

            (g)         with the authority of a warrant issued by a magistrate, require any person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process;

            (h)         examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information;

                  (i)         take photographs, films, audio, video or other recordings;

            (j)         examine or test any vehicle, plant, equipment, fitting or other thing (including any water), or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;

            (k)         seize and retain any vehicle, plant, equipment or other thing that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;

            (l)         require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

            (m)         require a person to answer questions;

            (n)         give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act;

            (o)         exercise other prescribed powers.

        (2)         Without limiting subsection (1) , an authorised officer may—

            (a)         exercise a power under this section for the purposes of furthering or enhancing the Project Undertaking (including on any land that is not within a project works corridor);

            (b)         exercise a power under this section for the purpose of determining whether a management agreement is being, or has been, complied with.

        (3)         An authorised officer must not exercise a power conferred by subsection (1)(a) or (2) in respect of residential premises.

        (4)         An authorised officer in exercising powers under this section may be accompanied by such assistants as are reasonably required in the circumstances.

        (5)         An authorised officer may only use force to enter any place on the authority of a warrant issued by a magistrate.

        (6)         A magistrate must not issue a warrant under subsection (5) unless satisfied that there are reasonable grounds to believe—

            (a)         that a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or

            (b)         that something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or

            (c)         that the circumstances require immediate action.

        (7)         An application for the issue of a warrant under this section—

            (a)         may be made either personally or by telephone; and

            (b)         must be made in accordance with any procedures prescribed by the regulations.