Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
34. Right of entry
Official textFrom Attorney General's Chambers, unchanged
Subject to section 35(2) and notwithstanding any other written law, an authorised officer who has reasonable grounds to believe that an offence against this Act or under any regulations made hereunder has been or is being committed, may at any time —
authorised officer
“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
stop and enter or board any vehicle;
enter, pass across or remain on any land or premises
(including a dwelling house);
demand any information relating to that breach from any person in or on that vehicle, land or premises and require him to produce —
any permit or certificate granted under this Act; and
any other documents relating to trade in any species listed in Appendix I;
for the purpose of such analysis as the Director considers necessary to determine whether an offence against this Act or under any regulations made hereunder has occurred, take samples, subject to subsection (6), from any specimen in any vehicle or on any land or premises (including a dwelling house) where the officer has reasonable grounds to believe that such specimen is evidence that an offence against this Act or under any regulations made hereunder has been or is being committed.
Notwithstanding subsection (1), no authorised officer shall enter any dwelling house or, in the case of the exercise of the power under subsection (1)(d), any other land or premises unless he is authorised in that behalf by a search warrant obtained under section 35(2).
dwelling house
“dwelling house” means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed and other building used in connection therewith, but does not include the land appurtenant to a dwelling house;
Wild Fauna and Flora 26
Every authorised officer exercising a power to enter under subsection (1) shall identify himself and have with him due evidence of his appointment and shall produce that evidence to the owner or occupier or, as the case may be, the person in charge of the vehicle, land or premises —
vehicle
“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
if practicable, on first entering the vehicle or on the land or premises; and
whenever subsequently reasonably required to do so by that owner or occupier or person in charge.
If an authorised officer exercises a power to enter under subsection (1), written advice of the entry and the purpose of the entry shall be given to the owner or occupier or, as the case may be, person in charge of the vehicle, land or premises as soon as practicable after that entry where —
no prior notice or agreement of the entry was given or made;
or
that owner or occupier or person in charge was not present at the time of entry.
An authorised officer lawfully exercising his powers under this section may make or take copies of any document, and for this purpose may take possession of and remove it from the place where it is kept, for such period of time as is reasonable in the circumstances.
Every authorised officer proposing to take a sample under subsection (1)(d) from any live animal —
animal
“animal” means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod or other invertebrate, but does not include human beings;
must do so either personally or, where requested by the owner or person in charge of the animal, by instructing a veterinary surgeon to do so; and
must make every effort to avoid unnecessary disturbance of the animal, including, with respect to an animal which is secured within an enclosure, exercising his powers only during the hours of daylight except where the authorised officer judges that there will be less disturbance to the animal if the powers are exercised outside those hours.
Wild Fauna and Flora
Terms defined in s 2
animal
Defined · s 2“animal” means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod or other invertebrate, but does not include human beings;
Appendix I
Defined · s 2“Appendix I” means the Appendix I to the Convention which lists all species threatened with extinction which are or may be affected by trade;
authorised officer
Defined · s 2“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
dwelling house
Defined · s 2“dwelling house” means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed and other building used in connection therewith, but does not include the land appurtenant to a dwelling house;
species
Defined · s 2“species” means any species, sub-species, variety, form or geographically separate population thereof;
specimen
Defined · s 2“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
vehicle
Defined · s 2“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
Part