South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 32

32—Entry and occupation of land

        (1)         This section does not apply to, or in relation to, land the use, or the care, control and management, of which is vested in a regional NRM board.

        (2)         For the purpose of carrying out an investigation or survey, or carrying out any work in an emergency, a regional NRM board, or a person authorised by a regional NRM board, may enter and occupy any land.

        (3)         A regional NRM board or a person authorised by a regional NRM board must give reasonable notice of his or her intention to enter, or to enter and occupy, land to the occupier of the land.

        (4)         The period of the notice must be at least 2 business days except—

            (a)         where the occupier has given his or her consent; or

            (b)         in an emergency, in which case the person proposing to enter must give such notice (if any) as he or she considers is reasonable in the circumstances.

        (5)         A regional NRM board or other person acting under this section may not enter residential premises except with the consent of the occupier.

        (6)         A regional NRM board or other person entering or occupying land under this section—

            (a)         must cause as little harm and inconvenience as practicable; and

            (b)         must not occupy the land for any longer than is reasonably necessary; and

            (c)         must leave the land as nearly as possible in the condition in which he, she or it found the land; and

            (d)         must co-operate as far as practicable with any owner or occupier of the land.

        (7)         A person must not, without reasonable excuse, obstruct or hinder a person exercising powers under this section.

Maximum penalty: $10 000.

        (8)         A person may use force to enter land (other than residential premises) under this section—

            (a)         on the authority of a warrant issued by a magistrate; or

            (b)         if the person believes, on reasonable grounds, that the circumstances require immediate entry on to the land.

        (9)         A magistrate must not issue a warrant under subsection (8) unless satisfied, on information given on oath, that the warrant is reasonably required in the circumstances.

        (10)         An application for a warrant under subsection (8) —

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

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