❓ A WA parliamentary question seeks clarification on the powers of Department of Conservation and Land Management (CALM) employees to enter private property, including dwellings, without owner consent. The Minister provides a detailed legal response outlining specific circumstances under relevant legislation.
AnsweredQoN 378Legislative Council
QuestionView source ↗
(1) Can Department of Conservation and Land Management employees go onto private property without the authority of the owners? (2) If yes, under what circumstances can CALM employees enter a property? (3) Can CALM employees enter a private dwelling without the authority of the owner? (4) If yes, under what circumstances would this occur? Hon TOM STEPHENS
AnswerView source ↗
The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(2) If yes, under what circumstances can CALM employees enter a property? (3) Can CALM employees enter a private dwelling without the authority of the owner? (4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(3) Can CALM employees enter a private dwelling without the authority of the owner? (4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows:
Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows:
(b) the place where the licensee keeps the pet herpetofauna.
Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides:
Section 124 of the Conservation and Land Management Act provides:
(b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence.
(d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence.
(6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
4. See the answers given to parts 2 and 3 of the question.
(2) If yes, under what circumstances can CALM employees enter a property? (3) Can CALM employees enter a private dwelling without the authority of the owner? (4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(3) Can CALM employees enter a private dwelling without the authority of the owner? (4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(4) If yes, under what circumstances would this occur? Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
Hon TOM STEPHENS replied: The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
The Minister for the Environment provided the following response - (1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(1) Yes. I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
I am sorry, but I have a three-page, chapter and verse, very detailed response in answer to the other two questions. I seek leave to have the detailed, comprehensive response incorporated into Hansard . Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
Leave granted. The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
The following material was incorporated - 2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
2. Section 20(2)(b) of the Wildlife Conservation Act provides that a wildlife officer who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed may, without warrant stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any premises of whatever description or enter into or upon and search any lake, river, pond, lagoon or other water whether natural or artificially constructed in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against this Act. . . . Section 20(3) of the Wildlife Conservation Act provides that if it appears to a justice of the peace on complaint made on oath that there are reasonable grounds for suspecting that there is in any of the premises excepted under subsection (2)(b) - (i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act. 3. Entry onto private property in search of secreted forest produce that is subject to payment of charges requires a warrant under the Conservation and Land Management Act. Entry onto private property, such as tents and caravans, on CALM managed lands in relation to suspected illegal activities under the Conservation and Land Management Act and entry onto private property in relation to suspected illegal activities under the Wildlife Conservation Act does not require a warrant, except in the case of a dwelling house. A warrant is required to enter and search any dwelling house. Differences also exist in terms of entering private property to inspect a licensed or proposed licensed activity and entering a property to search in relation to suspected illegal activities. See also the answer given to part 2 of the question. 4. See the answers given to parts 2 and 3 of the question.
(i) anything with respect to which an offence has been or is suspected, on reasonable grounds, to have been committed; or (ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(ii) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence; or (iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(iii) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence, he may issue his warrant directing the wildlife officer named therein, or all wildlife officers, to search the premises and seize the thing found and to take it before a justice to be dealt with according to law. Regulations 35(5) and 37(2) of the Wildlife Conservation Regulations provide for the inspection of aviaries on private property to keep waterfowl. Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows: (1) A licensee must, when requested by a wildlife officer to do so, allow the officer to inspect - (a) the pet herpetofauna to which the licence relates; and (b) the place where the licensee keeps the pet herpetofauna. (2) Subsection (1)(b) does not apply if the place where the pet herpetofauna are kept is a bedroom or bathroom of a residential premises, but in that case the licensee must bring the animal out of that place to allow the officer to inspect it. Section 119 of the Conservation and Land Management Act provides that on the complaint on oath of any forest officer stating his belief that forest produce liable to the payment of any forest produce charges or any other charges or dues is secreted in any place, not being a State forest, timber reserve or premises to which section 119A applies, any justice may issue a warrant to enter and search for such produce. Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides: (1) A ranger or conservation and land management officer who finds a person committing a relevant offence on or in any land or waters or who on reasonable grounds suspects that such an offence has been committed or is about to be committed, may without warrant - (a) stop, detain and search any vehicle, vessel or conveyance; (b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence. (5) A ranger or conservation and land management officer shall not exercise any power specified in subsection (1)(a) or (b) and a ranger shall not exercise the power to enter and search conferred by that subsection unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identify of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorized to exercise the power. (6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
Regulation 60 of the Wildlife Conservation Regulations provides that a wildlife officer may at any reasonable time inspect the records which the holder of a licence issued pursuant to these regulations or the Pet Herpetofauna Regulations is required to keep or maintain and also that a wildlife officer may at any reasonable time inspect the premises and collect tags and research or other departmental material from any premises, vessels, vehicles or units licensed pursuant to these regulations or the Pet Herpetofauna Regulations or from any other place to which he makes lawful access. Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows:
Regulation 13 of the Wildlife Conservation (Reptiles and Amphibians) Regulations provides that wildlife officers may inspect premises and herpetofauna, as follows:
(b) the place where the licensee keeps the pet herpetofauna.
Section 119A of the Conservation and Land Management Act provides that a forest officer authorized by the Executive Director may enter any place where any operation for the purpose of preparing, treating or processing timber is carried on and make such inspection and enquiry as he thinks necessary to ascertain whether or not this Act and the regulations have been or are being complied with. Section 124 of the Conservation and Land Management Act provides:
Section 124 of the Conservation and Land Management Act provides:
(b) remove any vehicle, vessel, animal or other thing from the land or waters; (d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence.
(d) require the person to leave the land or waters, and, in addition, a ranger may enter and search any hut, tent, caravan or other erection which is not a permanent residence.
(6) Nothing in this section derogates from the powers of a ranger who is a police officer. (7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(7) In this section “relevant offence” means - (a) in relation to a ranger, any offence against this Act or regulations made under section 130 relating to national parks; (b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
(b) in relation to a conservation and land management officer, any offence against this Act or any regulations made under this Act.
4. See the answers given to parts 2 and 3 of the question.
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