Catchment and Land Protection (Amendment) Act 2003 (Vic)

Catchment and Land Protection (Amendment) Act

2003

ts	Act No. 61/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Section Page

1. Purposes 1

D	2.	Commencement	2
ry	3.	Principal Act	2
4.	New division heading substituted	2
ta	5.	Penalty for offence to disobey land use condition	2
n	6.	When can a land management notice be issued?	3
e	7.	New section 40 substituted	3

40. Status of land management notice 3

m	8.	Offence to disobey land management notice	3
ia	9.	Revocation of land management notice	4
rl	10.	New section 42A inserted	4
a	42A.	Variation of land management notice	4

11. New penalty for non-compliance with notice 5

P	12.	Land owner must advise Secretary of compliance with notice	5
d	13.	Review by Victorian Civil and Administrative Tribunal	5
n	14.	Application for declaration	6
a	15.	New section 58A inserted	6

58A. Emergency declaration of State prohibited weed 6

n	16.	What cannot be declared under Part 8?	8
o
ti	17.	Revocation of declaration	8
18.	Controlling noxious weeds	8
la	19.	New section 70A inserted	9
is	70A.	Removing particular vehicles or other things on to a road	9

20. Spread of noxious weeds 10

g	21.	Destruction etc. of noxious weeds	11
e	22.	Control of established pest animals	11
L	23.	Amendment to division heading	12
n	24.	Offence to import, keep or sell pest animals	12
a
ri
25.	New section 75A inserted	13

75A. Offence to release pest animals 13

26. Permits 14

to	27.	New section 77A inserted	14
ic
V

i

Section Page

29. Insertion of new sections 80 to 83N 15

80.	Entry with consent	15
81.	Entry with notice	17

ts	82.	Emergency entry	19
83.	Entry with warrant	21
n	83A.	Seizure of things not mentioned in the warrant	24

e 83B. Announcement before entry 24

m	83C.	Details of warrant to be given to occupier	25
u	83D.	Searches of vehicles and boats	25
c	83E.	Searches of vehicles for noxious weeds	26
o	83F.	Authorised officer may have assistance	27

83G. Return of seized things 27

D	83H.	Magistrates' Court may extend 90 day period	28
ry	83I.	Disposal of seized things	28
83J.	Requirements as to taking samples and seizure	29

ta	83K. Samples	29
n	83L. Retention notices	30
e	83M. Evidentiary provisions relating to retention notices	31

83N. Authorised officer to comply with prescribed procedures 31

m	30.	Offences relating to enforcement	32
ia	31.	Notices for the purpose of this Act	32
rl	32.	Certificates	32
a	33.	Regulation-making power for the keeping of established pest
animals	33
P	34.	Substitution of new clause 4 in Schedule 1	33
d	35.	Amendment to Extractive Industries Development Act 1995	34

n	═══════════════
a

n	ENDNOTES	35
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c
o	Victoria
D
ry
ta
n	No. 61 of 2003
e
m
ia	Catchment and Land Protection
rl	†
a	(Amendment) Act 2003
P

[Assented to 2 September 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is	1. Purposes
g
e	The main purposes of this Act are—
L	(a) to amend the Catchment and Land
n	Protection Act 1994 to—
a
ri	(i) make further provision in relation to the
to	control of noxious weeds and pest
ic	animals;
V	(ii) increase penalties for existing offences;

Catchment and Land Protection (Amendment) Act 2003

s. 2

Act No. 61/2003

(b) to make a minor amendment to the Extractive Industries Development Act

ts	1995.
n	2. Commencement
e	(1) Subject to sub-section (2), this Act comes into
m	operation on a day or days to be proclaimed.
u
c	(2) If a provision of this Act does not come into
o	operation before 5 January 2004 it comes into
D	operation on that day.
ry	3. Principal Act

ta	See:	In this Act, the Catchment and Land Protection
Act No.
n	52/1994.	Act 1994 is called the Principal Act.
e	Reprint No. 2 as at
m	31 January
ia	1999
and
rl	amending
Act Nos
a	96/1998 and
P	74/2000.
LawToday:
d
dpc.vic.
n	gov.au
a
n

o	4. New division heading substituted
ti
la	For the heading to Division 2 of Part 2 of the
is	Principal Act substitute—
g	"Division 2—Catchment Management
e	Authorities".
L
n	5. Penalty for offence to disobey land use condition
a
ri	For the penalty at the foot of section 35(1) of
to	Principal Act substitute—
ic	"Penalty:  60 penalty units.".
V

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6. When can a land management notice be issued?

In section 37(1) of the Principal Act—

ts	(a) in paragraph (a) omit "or 8";
n
e	(b) for paragraph (b) substitute—
m	"(b) if satisfied that measures need to be
u	taken by the land owner to eradicate or
c	prevent the growth or spread of noxious
o	weeds that are not State prohibited
D	weeds.".
ry	7. New section 40 substituted
ta	For section 40 of the Principal Act substitute—
n
e	"40. Status of land management notice
m	A land management notice is binding on—
ia
rl	(a) the land owner served with it; and
a	(b) each subsequent land owner for the
P	time being of the land to which it
d	applies as if each such owner had been
n	served with the land management
a	notice on becoming the land owner.".
n	8. Offence to disobey land management notice
o
ti	For section 41(1) of the Principal Act
la	substitute—
is	"(1) A land owner of land to which a land
g	management notice applies—
e	(a) who has been served with the notice; or
L
n	(b) to whom particulars of the notice have
a	been given in a statement under
ri	section 32 of the Sale of Land Act
to	1962; or
ic
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(c) who, at the time of becoming owner of the land, was aware or ought reasonably to have been aware of the

ts	notice—
n
e	must comply with the notice.
m	Penalty: 240 penalty units.".
u
c	9. Revocation of land management notice
o	After section 42(2) of the Principal Act insert—
D
"(3) Sub-section (2) does not apply to a land
ry	management notice that only deals with the
ta	control of noxious weeds or pest animals or
n	both.".
e	10. New section 42A inserted
m
ia
rl

After section 42 of the Principal Act insert—

"42A. Variation of land management notice

a	(1) The Secretary may, before the end of the
P	compliance period or extended compliance
d	period, serve a notice on the land owner
n	varying the requirements contained in a land
a	management notice.
n
o	(2) A variation under sub-section (1) may only
ti	be made at the request of a land owner who
la	became the land owner of land to which the
is	land management notice applied after the
g	land management notice was served.
e	(3) In considering whether to vary the
L	requirements of a land management notice
n	under sub-section (1), the Secretary must
a
ri	take into account—
to	(a) any change in land use proposed by the

land owner; and

ic
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(b) the type and extent of work to be carried out or measures or action to be taken that would be reasonable in the

ts	circumstances.".
n
e	11. New penalty for non-compliance with notice
m	For the penalty at the foot of section 43(7) of the
u	Principal Act substitute—
c
o	"Penalty:  120 penalty units.".
D	12. Land owner must advise Secretary of compliance
ry	with notice
ta	(1) In section 46 of the Principal Act, for "he or she"
n	substitute "the land owner".
e	(2) For the penalty at the foot of section 46 of the
m	Principal Act substitute—
ia
rl	"Penalty:  20 penalty units.".
a	13. Review by Victorian Civil and Administrative
P	Tribunal
d	(1) After section 48(2) of the Principal Act insert—
n
a	"(2A) A person who has requested a variation of
n	the requirements contained in a land
o	management notice may apply to the
ti	Victorian Civil and Administrative Tribunal
la	for review of—
is	(a) a failure to grant that request within
g	14 days after it was made; or
e
L	(b) a decision refusing that request.".
n	(2) In section 48(3) of the Principal Act, for "and (2)"
a
ri	substitute ", (2) and (2A)".

(3) In section 48(4) of the Principal Act—

to

ic (a) in paragraph (c), for "(2)—" substitute

"(2); or";

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(b) after paragraph (c) insert—

"(d) whichever is the earlier of—

ts	(i) the date on which the request for a
n	variation of the requirements
e	contained in a land management
m	notice was refused; or
u
c	(ii) the end of the 14 day period
o	referred to in sub-section (2A)—".
D	14. Application for declaration
ry	After section 48A(3) of the Principal Act insert—
ta	"(4) Sub-section (1) does not apply to a decision
n	in respect of a land management notice that
e	deals only with the control of noxious weeds
m	or pest animals or both.".
ia
rl	15. New section 58A inserted
a	After section 58 of the Principal Act insert—
P	"58A. Emergency declaration of State prohibited
d	weed
n
a	(1) The Minister may, by a notice published in
n	the Government Gazette, declare a plant to
o
ti
be a State prohibited weed.

(2) The declaration must apply to the whole

la	State.
is	(3) The declaration must—
g
e	(a) state that it is an emergency weed
L	declaration; and
n	(b) state the nature of the emergency; and
a
ri	(c) if the plant is already declared to be a
to	noxious weed of a different category,
ic	state its former category.
V

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(4) A copy of the notice must be published—

(a) in a daily newspaper circulating

ts	generally in Victoria; and
n	(b) in a weekly newspaper circulating
e	generally in rural Victoria; and
m	(c) on the Department's Internet site.
u
c	(5) The Minister must not make a declaration
o	under this section in relation to a plant unless
D	he or she is satisfied that urgent action is
ry	needed to protect the State from an adverse
ta	caused or likely to be caused by the plant.
economic, environmental or social impact
n
e	(6) If under the declaration the category of a
m	noxious weed has changed, the declaration of
ia	the former category of the noxious weed
rl	ceases to have effect while the declaration
a	made under this section is in force.
P	(7) The Minister must revoke the declaration by
d	a notice published in the Government
n	Gazette as soon as possible after being
a	satisfied that the emergency no longer exists.
n	(8) Unless earlier revoked, the declaration
o
ti	ceases to have effect 3 months after the
la	notice under sub-section (4) is published in
is	the Government Gazette.

(9) A copy of a notice under sub-section (7)

g

e	must be published—
L	(a) in a daily newspaper circulating
n	generally in Victoria; and
a

ri	(b)	in a weekly newspaper circulating
to	generally in rural Victoria; and

ic	(c) on the Department's Internet site.".
V

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16. What cannot be declared under Part 8?

(1) Insert the following heading to section 59 of the

ts	Principal Act—
n	"What cannot be declared under this Part?".
e

(2) For section 59(1) of the Principal Act

m

u	substitute—
c	"(1) The Minister cannot recommend a plant
o	under section 58 or declare a plant under
D	section 58A if it is part of a taxon or
ry	community of flora listed in an Order under
ta	Guarantee Act 1988.".
section 10(1) of the Flora and Fauna
n
e	(3) In section 59(3)(a) of the Principal Act, for
m	"Schedule 2" substitute "an Order under
ia
rl
section 10(1)".

17. Revocation of declaration

a

P	In section 68(1) of the Principal Act for "this Part" substitute "section 58".
d
n	18. Controlling noxious weeds
a	(1) For section 70(1) of the Principal Act
n	substitute—
o
ti	"(1) The Secretary may—
la	(a) by instrument served on a land owner
is	give directions to the land owner to
g	prevent the growth or spread of State
e	prohibited weeds; or
L

(b) by instrument served on the owner or

n

a	person in possession of grain, fodder,
ri	equipment, vehicles or animals that the
to	Secretary considers likely to spread
noxious weeds, give directions to the
ic	owner or person in possession to
V	restrict the movement of that grain, Catchment and Land Protection (Amendment) Act 2003

s. 19

Act No. 61/2003

fodder, equipment or those vehicles or

animals from, on or to land.".

ts	(2) For section 70(2) of the Principal Act
n	substitute—
e	"(2) A land owner served with a direction under
m	sub-section (1)(a) must comply with it.
u
c	Penalty: 120 penalty units.".
o	(3) After section 70(2) of the Principal Act insert—
D

"(2A) A person served with a direction under sub-

ry	section (1)(b) must comply with it.
ta	Penalty: 120 penalty units.".
n
e	(4) For section 70(3) of the Principal Act
m	substitute—
ia	"(3) A person on whom a direction has been
rl	served under this section must bear the cost
a	of complying with the direction.".
P	19. New section 70A inserted
d
n	After section 70 of the Principal Act insert—
a	"70A. Removing particular vehicles or other
n	things on to a road
o
ti	(1) A person must not remove a vehicle
la	(together with any trailer) that is used or
is	intended to be used for carrying, moving or
transporting—
g
e	(a) hay, grain, fodder or livestock; or
L	(b) machinery or equipment used for
n	building or maintaining—
a
ri	(i) a road or roadside; or
to
ic
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(ii) electricity, gas, water,
telecommunications or rail

ts	infrastructure—
n	from land on to a road without first taking
e	reasonable precautions to ensure that the
m	vehicle is free from—
u	(c) the seeds of any noxious weed; and
c
o	(d) any other part of a noxious weed that is
D	capable of growing.
ry	Penalty: 120 penalty units.
ta	(2) A person must not remove machinery,
n	implements or other equipment from land on
e	to a road without first taking reasonable
m	precautions to ensure that the equipment is
ia
rl
free from—

(a) the seeds of any noxious weed; and

a	(b) any other part of a noxious weed that is capable of growing.
P
d
n	Penalty: 120 penalty units.".
a	20. Spread of noxious weeds
n
o
ti

(1) Section 71(1)(a) of the Principal Act is repealed.

(2) For section 71(1)(b) of the Principal Act

la	substitute—
is	"(b) without a permit from the Secretary— (i) buy or offer to buy in Victoria; or
g
e
L	(ii) sell or offer to sell in Victoria; or
n
a	(iii) possess for the purposes of sale in
ri	Victoria; or
to	(iv) wilfully bring or cause to be brought
ic	into Victoria; or
V

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(v) transport within Victoria—

the following—

ts	(vi) a noxious weed; or
n
e	(vii) the seeds of a noxious weed whether or not packed or mixed with the seeds of
m
u	any other plants; or
c	(viii) any part of a noxious weed that is
o	capable of growing whether or not
D	packed or mixed with the parts of any
ry	other plants; or".
ta	(3) Section 71(1)(g) of the Principal Act is repealed.
n	(4) For the penalty at the foot of section 71(1) of the
e	Principal Act substitute—
m
ia
rl
"Penalty:  120 penalty units.".

(5) For the penalty at the foot of section 71(5) of the

a	Principal Act substitute—
P	"Penalty:  120 penalty units.".
d
n	21. Destruction etc. of noxious weeds
a	(1) At the foot of section 72(3) of the Principal Act
n	insert—
o
ti	"Penalty:  120 penalty units.".
la	(2) After section 72(3) of the Principal Act insert—
is	"(3A) A person served with an instrument under
g	sub-section (1)(a) must without delay advise
e	the Secretary when he or she has complied
L	with it.
n
a	Penalty: 20 penalty units.".
ri	22. Control of established pest animals
to
ic	Section 73 of the Principal Act is repealed.
V

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Act No. 61/2003

23. Amendment to division heading

In the heading to Division 3 of Part 8 of the

ts	Principal Act, for "and Trading in" substitute
n	", Trading in and Releasing of".
e	24. Offence to import, keep or sell pest animals
m	(1) For the penalty at the foot of section 75(1) of the
u
c	Principal Act substitute—
o	"Penalty:  480 penalty units.".
D

(2) For the penalty at the foot of section 75(2) of the

ry	Principal Act substitute—
ta	"Penalty:  240 penalty units.".
n
e	(3) For the penalty at the foot of section 75(3) of the
m	Principal Act substitute—
ia	"Penalty:  120 penalty units.".
rl	(4) For the penalty at the foot of section 75(4) of the
a	Principal Act substitute—
P
"Penalty:  60 penalty units.".
d
n	(5) In section 75(5)(f) of the Principal Act, for "an
a	established pest animal" substitute "established
n	pest animals".
o
ti	(6) In section 75(5)(g)(ii) of the Principal Act, for
la	"research establishment under" substitute
is	"scientific establishment under section 26 of".
g	(7) After section 75(5) of the Principal Act insert—
e	"(6) Sub-sections (3) and (4) do not apply to—
L
n	(a) the keeping of a regulated pest animal
a	or an established pest animal at
ri	premises licensed as a breeding
to	establishment under section 29 of the
ic	Prevention of Cruelty to Animals Act
1986, in accordance with the relevant
V	licence; or

Catchment and Land Protection (Amendment) Act 2003

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(b) the selling of a regulated pest animal or an established pest animal—

ts	(i)	from premises licensed as a
n	breeding establishment under
e	section 29 of the Prevention of
m	Cruelty to Animals Act 1986, in
u	accordance with the relevant
c	licence; and

o	(ii) to an institution licensed as a
D	scientific establishment under
ry	section 26 of the Prevention of
ta	Cruelty to Animals Act 1986.".
n	25. New section 75A inserted
e	After section 75 of the Principal Act insert—
m
ia
rl

"75A. Offence to release pest animals

(1) A person must not release a prohibited pest

a	animal.
P
Penalty: 480 penalty units.
d
n	(2) A person must not release a controlled pest
a	animal.
n	Penalty: 240 penalty units.
o
ti	(3) A person must not release a regulated pest
la	animal.
is	Penalty: 120 penalty units.
g	(4) A person must not release an established pest
e
L	animal.
n	Penalty: 60 penalty units.
a
ri	(5) Sub-sections (1) to (4) do not apply to the releasing of a pest animal in accordance with
to	a permit under this Division.".
ic
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26. Permits

In section 77 of the Principal Act—

ts	(a) in sub-section (1), for "or sell" substitute
n	", sell or release";
e

(b) in sub-section (6), for "or sold" substitute

m

u	", sold or released".
c	27. New section 77A inserted
o
D	After section 77 of the Principal Act insert—
ry	"77A. Non-compliance with permit conditions
ta	(1) A person granted a permit under this
n	Division in respect of a prohibited pest
e	animal must not contravene a condition
m	specified in the permit.
ia	Penalty: 480 penalty units.
rl	(2) A person granted a permit under this
a	Division in respect of a controlled pest
P	animal must not contravene a condition
d	specified in the permit.
n
a	Penalty: 240 penalty units.
n	(3) A person granted a permit under this
o
ti	Division in respect of a regulated pest animal
must not contravene a condition specified in
la	the permit.
is	Penalty: 120 penalty units.
g
e	(4) A person granted a permit under this
L	Division in respect of an established pest
n	animal must not contravene a condition
a
ri	specified in the permit.
to	Penalty: 60 penalty units.".
ic
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28. Insertion of new section 79A

After section 79 of the Principal Act insert—

ts	"79A. Authorised officers to produce evidence of
n	appointment
e
An authorised officer must produce evidence
m
u	of his or her appointment for inspection—
c	(a) before exercising a power under this
o	Part; and
D

(b) at any time during the exercise of a

ry	power under this Part, if asked to do so.
ta	Penalty: 10 penalty units.".
n
e	29. Insertion of new sections 80 to 83N
m	For sections 80, 81, 82 and 83 of the Principal Act
ia	substitute—
rl	"80. Entry with consent
a
P	(1) If an authorised officer believes on
d	reasonable grounds that any provision of the
n	Act or the regulations has not been or is not
a	being complied with in respect of land, the
n	authorised officer may, at a reasonable time,
o	enter and search the land with the consent of
ti	the occupier of the land.
la	(2) An authorised officer who enters land under
is	this section may do all or any of the
g	following—
e
L	(a) search and examine land or goods or vehicles on the land;
n
a	(b) ask questions in connection with the
ri	authorised officer's functions under this
to	Act;
ic
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(c) without payment, take, or require the occupier of the land to give, samples of soil, stone or similar material or goods

ts	on the land.
n
e	(3) An authorised officer must not enter and
m	search any land under this section unless,
u	before the occupier consents to that entry,
c	the authorised officer has informed the
o	occupier—
D	(a) of the purpose of the search; and
ry	(b) that the occupier may refuse to give
ta	consent to the entry and search; and
n	(c) that the occupier may refuse to consent
e	to the taking of or the requirement to
m	give any sample of soil, stone or similar
ia	material or goods from the land during
rl	the search; and
a
P	(d) that the occupier may refuse to allow an examination of goods or vehicles on the
d
n	land during the search; and

a	(e)	that the occupier may refuse to answer
n	questions during the search; and
o
ti	(f)	that any sample of a thing taken or
la	required to be given during the search
is	with the consent of the occupier may be used in evidence in proceedings.
g

e	(4) If an occupier consents to the taking of or the
L	requirement to give any thing during a search
n	under this section, the authorised officer
a	must before taking or requiring the giving of
ri	the thing ask the occupier to sign an
to	acknowledgment stating—

ic	(a)	that the occupier has consented to the
V	taking of or requirement to give the thing; and

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(b) the date and time that the occupier consented.

ts	(5) An occupier who signs an acknowledgment
n	must be given a copy of the signed
e	acknowledgment before the authorised
m	officer leaves the land.
u	81. Entry with notice
c
o	(1) An authorised officer may, at a reasonable
D	time, enter and search land after having given at least 24 hours notice to the occupier
ry	of the land—
ta	(a) if he or she believes on reasonable
n	grounds that section 20 has not been or
e	is not being complied with; or
m
ia	(b) at any time after the end of the period
rl	of compliance stated in a land
a	management notice under Division 1 of
P	Part 5 applying to the land, in order to ascertain whether the notice has been
d
n	complied with; or

a	(c)	in order to ascertain whether a direction
n	under section 70 or 72 in respect of the
o
ti	land has been complied with.

la (2) Sub-section (1) does not apply—

is	(a)	if the occupier of the land, after being
g	given notice under sub-section (1),
e	responds to the notice by stating that
L	entry to the land is refused; or

n	(b) to a dwelling.
a
ri	(3) An authorised officer who enters land under
to	this section may do all or any of the
ic	following—

(a) search and examine land or goods or vehicles on the land;

V

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(b) ask questions in connection with the authorised officer's functions under this

ts	Act;
n	(c) without payment, take, or require the
e	occupier of the land to give, samples of
m	soil, stone or similar material or goods
u	on the land.
c	(4) Notice given under sub-section (1) must be
o	in writing and must inform the occupier—
D

(a) of the purpose of the search; and

ry

ta (b) that the occupier may refuse to give

consent to the entry and search; and

n

e	(c)	that the occupier may refuse to consent
m	to the taking of or the requirement to
ia	give any sample of soil, stone or similar
rl	material or goods from the land during
a	the search; and
P	(d)	that the occupier may refuse to allow an
d	examination of goods or vehicles on the
n	land during the search; and
a

(e) that the occupier may refuse to answer

n	questions during the search; and
o
ti	(f) that any sample of a thing taken or
la	required to be given during the search
is	with the consent of the occupier may be
g	used in evidence in proceedings.
e	(5) If the occupier is present during a search
L	under this section and consents to the taking
n	of, or the requirement to give, any thing
a
ri	during the search, the authorised officer must
before taking or requiring the giving of the
to	thing ask the occupier to sign an
ic	acknowledgment stating—
V

Catchment and Land Protection (Amendment) Act 2003

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Act No. 61/2003

(a) that the occupier has consented to the taking of or requirement to give the

ts	thing; and
n	(b) the date and time that the occupier
e	consented.
m	(6) An occupier who signs an acknowledgment
u	must be given a copy of the signed
c	acknowledgment before the authorised
o	officer leaves the land.
D

(7) If an authorised officer exercises a power of

ry	entry under this section without the occupier
ta	being present the authorised officer must, on
n	leaving the land, leave a notice setting out—
e	(a) the time of entry; and
m
ia
rl
(b) the purpose of entry; and
(c) a description of all things done while
a	on the land; and
P

(d) the time of departure; and

d

n	(e) the procedure for contacting the
a	Secretary for further details of the
n	entry.
o
ti	82. Emergency entry
la	(1) An authorised officer may enter and search
is	land—
g	(a) if he or she believes on reasonable
e	grounds that a State prohibited weed is
L	on the land; or
n	(b) at any time after the end of the period
a
ri	of compliance stated in an interim land
to	management notice applying to the
land, in order to ascertain whether the
ic	notice has been complied with; or
V	(c) to take action under section 79.

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(2) If an authorised officer believes on

reasonable grounds that a serious land

degradation problem exists on land, the

ts	authorised officer may at any reasonable
n	time, enter and search that land—
e

(a) if he or she believes on reasonable

m

u	grounds that section 20 has not been or
c	is not being complied with; or
o	(b) if he or she believes on reasonable
D	grounds that a contravention of Part 7
ry	may have occurred on the land; or

ta	(c)	in order to ascertain whether an
n	authority, direction, order, permit or
e	land use condition under this Act is
m	being complied with; or

ia	(d) at any time after the end of the period
rl	of compliance stated in a land
a	management notice under Division 1 of
P	Part 5 applying to the land, in order to
d	ascertain whether the notice has been
n	complied with.
a

(3) Sub-sections (1) and (2) do not apply to a

n	dwelling.
o
ti	(4) An authorised officer who enters land under
la	this section may do all or any of the
is	following, if he or she believes it necessary
g	for the purposes of sub-section (1) or (2)—
e	(a) search and examine land or goods or
L	vehicles on the land;
n
a	(b) ask questions in connection with the
ri	authorised officer's functions under this
to	Act;
ic
V

Catchment and Land Protection (Amendment) Act 2003

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Act No. 61/2003

(c) without payment, take, or require the occupier of the land to give, samples of soil, stone or similar material or goods

ts	on the land;
n
e	(d) ask a person to state his or her name
m	and address if the authorised officer—
u	(i) believes on reasonable grounds
c	that the person has committed an
o	offence under Part 8 relating to a
D	pest animal; and
ry	(ii) has informed the person of the
ta	grounds for that belief in
n	sufficient detail to allow the
e	person to understand the nature of
m	the offence.
ia	(5) If an authorised officer exercises a power of
rl	entry under this section without the occupier
a	being present the authorised officer must, on
P	leaving the land, leave a notice setting out—
d	(a) the time of entry; and
n
a	(b) the purpose of entry; and
n	(c) a description of all things done while
o
ti	on the land; and
la	(d) the time of departure; and
is	(e) the procedure for contacting the
g	Secretary for further details of the
e	entry.
L

83. Entry with warrant

n
a

ri (1) An authorised officer may apply to a

magistrate for the issue of a search warrant

to	in relation to particular land to enter that land
ic	if he or she believes on reasonable grounds
V	that there is on the land evidence of the commission of an offence against this Act or

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

the regulations in relation to pest animals or

noxious weeds.

ts	(2) If a magistrate is satisfied by the evidence,
n	on oath or by affidavit of the authorised
e	officer that there are reasonable grounds to
m	believe that there is a thing or things of a
u	particular kind on the land that are connected
c	with the commission of an offence against
o	this Act or the regulations in relation to pest
D	animals or noxious weeds, the magistrate
ry	may issue a warrant, in accordance with the
Magistrates' Court Act 1989, authorising
ta	an authorised officer named in the warrant,
n	together with any other person or persons
e	named or otherwise identified in the warrant
m	and with any necessary equipment—
ia
rl	(a) to enter the land named or described in

the warrant, if necessary by force; and

a

P	(b) to do all or any of the following things
d	specified in the warrant—
n	(i) search for a thing or things of a
a	particular kind;
n	(ii) inspect, extract or copy a
o
ti	document or document of a
la	particular kind;

is	(iii)	inspect and take photographs
g	(including video recordings) of a
e	thing or things of a particular
L	kind;

n	(iv) seize and impound a pest animal
a
ri	or noxious weed;

to	(v)	with whatever assistance is
ic	required, take and keep samples
of—
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(i)  the blood, any bodily fluids or other matter from any pest

ts	animal; or
n	(ii) any noxious weed—
e	named or described in the warrant and
m	which the authorised officer believes,
u	on reasonable grounds, to be connected
c	with the alleged commission of an
o	offence; and
D

(c) if necessary, destroy or otherwise

ry	dispose of, or order a land owner to
ta	destroy, a pest animal or noxious weed
n	seized under paragraph (b) or
e	section 83A.
m	(3) A search warrant issued under this section
ia
rl	must state—
a	(a) the purpose for which the search is
P	required and the nature of the alleged offence; and
d
n	(b) any conditions to which the warrant is
a	subject; and
n	(c) whether entry is authorised to be made
o
ti	at any time of the day or night or during
la	stated hours of the day or night; and

is	(d)	a day, not later than 28 days after the
g	issue of the warrant, on which the
e	warrant ceases to have effect.

L	(4) An authorised officer may apply for a search
n	warrant to do any of the things referred to in
a
ri	sub-section (2)(b).
to	(5) Except as provided by this Act, the rules to

be observed with respect to search warrants

ic	under the Magistrates' Court Act 1989
V	extend and apply to warrants under this section.

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(6) Despite sub-section (5) or anything in the Magistrates' Court Act 1989, a warrant under this section does not authorise an

ts	authorised officer to arrest a person.
n
e	83A. Seizure of things not mentioned in the
m	warrant
u	A search warrant under section 83 authorises
c	an authorised officer executing the search
o	warrant, in addition to the seizure of any
D	thing of the kind described in the warrant, to
ry	seize or take a sample of any thing which is
ta	not of the kind described in the warrant if—
n	(a) the authorised officer believes, on
e	reasonable grounds, that the thing—
m	(i) is of a kind which could have been
ia	included in a search warrant
rl	issued under this Part; or
a
P	(ii) will afford evidence about the

commission of an offence against

d

n this Act or the regulations; and

a	(b)	in the case of seizure, the authorised
n	officer believes, on reasonable grounds,
o	that it is necessary to seize that thing in
ti	order to prevent its concealment, loss or
la	destruction or its use in the commission
is	of an offence against this Act or the
g	regulations.

e	83B. Announcement before entry
L

(1) On executing a search warrant, the

n

authorised officer executing the warrant—

a
ri

(a) must announce that he or she is

to	authorised by the warrant to enter the
ic	land; and
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(b) if the authorised officer has been unable to obtain unforced entry, must give any person on the land an opportunity to

ts	allow entry to the land.
n
e	(2) An authorised officer need not comply with
m	sub-section (1) if he or she believes, on
u	reasonable grounds that immediate entry to
c	the land is required to ensure—
o	(a) the safety of any person; or
D
(b) that the effective execution of the
ry	search warrant is not frustrated.
ta	83C. Details of warrant to be given to occupier
n
e	(1) If the occupier is present on land where a
m	search warrant is being executed, the
ia
rl
authorised officer must—

(a) identify himself or herself to the

a	occupier; and
P

(b) give to the occupier a copy of the

d	warrant.
n
a	(2) If the occupier is not present on land where a
n	search warrant is being executed, the
o
ti
authorised officer must—

(a) identify himself or herself to a person

la	on the land; and
is	(b) give to the person a copy of the
g
e	warrant.
L	83D. Searches of vehicles and boats
n	(1) An authorised officer or a member of the
a
ri	police force may, at any time, without
to	warrant, stop if necessary, and enter and
search any boat or vehicle which he or she
ic	reasonably believes has been used by
V	persons committing an offence against Division 3 of Part 8.

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(2) An authorised officer or a member of the police force who has entered a vehicle or boat and is conducting a search under sub-

ts	section (1) may do any one or more of the
n	following—
e

(a) inspect and take photographs (including

m

u	video recordings) of the boat or vehicle
c	or any thing found during the course of
o	the search;
D	(b) with whatever assistance is required,
ry	take and keep samples of the blood, any
ta	bodily fluids or other matter from any
pest animal found during the course of
n
e	the search;
m	(c) with whatever assistance is required,
ia	mark any pest animal found during the
rl	course of the search for the purpose of
a	later being able to identify it;
P	(d) inspect and make copies of or take
d	extracts from any document found
n	during the course of the search;
a

(e) seize any pest animal found during the

n

o	course of the search if the authorised
ti	officer or member of the police force
la	believes on reasonable grounds that it is
necessary to seize the animal in order to
is	prevent its concealment, loss or
g
e	destruction.
L	83E. Searches of vehicles for noxious weeds
n	(1) An authorised officer may, at any time,
a
ri	without a warrant, stop if necessary and search any vehicle if the authorised officer
to	believes on reasonable grounds that section
ic	70A(1) has not been complied with.
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(2) An authorised officer who conducts a search under this section may—

ts	(a)	direct the operator of the vehicle to
n	ensure that the vehicle is free from the
e	seeds of any noxious weeds and any
m	other part of a noxious weed that is
u	capable of growing; or

c	(b) take steps to ensure that the vehicle is
o	free from such seeds or any part of a
D	noxious weed.
ry	83F. Authorised officer may have assistance
ta	An authorised officer who enters land or a
n	vehicle or boat under this Division may do
e	so with any assistance that he or she requires.
m
ia
rl

83G. Return of seized things

(1) Subject to sub-section (2), if any thing is

a	seized under this Act and—
P

(a) proceedings are not commenced against

d	any person for any offence arising out
n
a	of the circumstances of the seizure within 90 days after the seizure; or
n
o	(b) proceedings are commenced within
ti	90 days after the seizure but are
la	subsequently discontinued; or
is	(c) the reason for the seizure no longer
g	exists—
e
L	the Secretary must order the return of the
n	thing to the owner immediately and must
a
ri
notify the owner in writing accordingly.

(2) Sub-section (1) does not apply to anything,

to	the sale, possession or use of which, is
ic	prohibited by or under this Act.
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(3) Any thing seized under this Act and not

claimed within 12 months after the seizure,
may be destroyed or sold and the proceeds of

ts	sale paid to the Consolidated Fund.
n
e	83H. Magistrates' Court may extend 90 day
m	period
u	(1) An authorised officer may apply to the
c	Magistrates' Court within 90 days after
o	seizing a thing under this Act for an
D	extension of the period for which the
ry	authorised officer may retain the thing.
ta	(2) The Magistrates' Court may order the
n	extension if it is satisfied that retention of the
e	thing is necessary—
m	(a) for the purposes of an investigation into
ia	whether a contravention of this Act or
rl	the regulations has occurred; or
a
P	(b) to enable evidence of a contravention of this Act or the regulations to be
d
n	obtained for the purposes of a
a	proceeding under this Act.
n	(3) The Magistrates' Court may adjourn an
o	application to enable notice of the
ti	application to be given to any person.
la	83I. Disposal of seized things
is	(1) If a person is found guilty by a court of an
g
e	offence against this Act or the regulations,
L	the court may, in addition to imposing any
n	other penalty, order any thing seized under
a	this Act which relates to that offence to be
ri	destroyed or otherwise disposed of in the
to	manner specified in the order.
ic
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(2) The Magistrates' Court may, on the

application of an authorised officer, order
that any thing seized under this Act be

ts	destroyed or otherwise disposed of, if the
n	Court is satisfied that—
e

(a) the owner of the thing cannot be found;

m

u	or
c	(b) in the case of a pest animal, the person
o	apparently in possession of the animal
D	does not hold a permit under Part 8 to
ry	do so.
ta	83J. Requirements as to taking samples and
n	seizure
e	(1) An authorised officer or member of the
m	police force may not take samples of a thing
ia	or seize a thing apparently in the possession
rl	of a person unless the officer or member
a	makes out or tenders to the person a written
P	receipt for the sample taken or thing seized.
d	(2) If the officer or member is unable to
n
a	ascertain the identity of the owner or custodian of the thing seized or sampled, the
n
o	officer or member must leave a receipt with
ti	or post it to the person apparently in charge
la	of the thing seized.
is	83K. Samples
g	If an authorised officer or member of the
e	police force proposes to take samples, he or
L	she must—
n
a	(a) advise the owner, if possible, before
ri	taking the sample that it is taken for the
to	purpose of analysis; and

ic	(b)	if, in the opinion of the officer it is
V	reasonably possible, divide the sample into 3 parts and give one part to the

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

owner, one part to the analyst and keep

one part untouched for future

ts	comparison; and
n	(c) return the sample to the person from
e	whom it was taken within 28 days, if
m	the sample is not required for the
u	purposes of proceedings under this Act
c	or the regulations.
o	83L. Retention notices
D

(1) If an authorised officer believes on

ry	reasonable grounds that any thing has been
ta	taken or is being held in contravention of
n	Division 3 of Part 8 or a corresponding law
e	of another State, a Territory of the
m	Commonwealth or the Commonwealth, the
ia	officer may issue the person holding the
rl	thing with a notice requiring that person to
a	keep the thing in his or her possession and
P	not to sell or dispose of the thing.
d	(2) A notice under sub-section (1)—
n
a	(a) must be in writing; and
n	(b) has effect for the period specified in the
o	notice (which must not be more than 90
ti	days from the issue of the notice); and
la	(c) may be cancelled by the person who
is	issued the notice; and
g
e	(d) is subject to any terms and conditions
L	specified in the notice.
n	(3) If the Secretary is of the opinion that it is
a
ri	reasonably necessary to do so, the Secretary
may extend the period for which a notice
to	under sub-section (1) has effect under sub-
ic	section (2).
V

Catchment and Land Protection (Amendment) Act 2003

s. 29

Act No. 61/2003

(4) If the Secretary extends the period for which a notice under sub-section (1) has effect, the Secretary must, before the expiry of the

ts	original extension—
n
e	(a) notify the person to whom the notice is
m	issued of the extension; and
u	(b) specify in the notice the period for
c	which the extension is to have effect.
o
D	(5) A person to whom a notice under sub-section (1) has been issued must comply with the
ry	notice.
ta	Penalty: 120 penalty units.
n
e	83M. Evidentiary provisions relating to
m	retention notices
ia	(1) In any proceedings under section 83L,
rl	evidence that a thing, specified in a notice
a	under section 83L as being in the possession
P	of a particular person, is no longer in the
d	possession of that person is evidence, and, in
n	the absence of evidence to the contrary, is
a	proof that the person has not complied with
n	the notice.
o
ti	(2) In any proceedings under this Act, the fact
la	that a thing is specified in a notice under
section 83L as being in the possession of a
is	particular person is evidence, and, in the
g	absence of evidence to the contrary, is proof
e	that the thing was in the possession of that
L	person at the time the notice was issued.
n
a	83N. Authorised officer to comply with
ri	prescribed procedures
to	In exercising a power under this Division an
ic	authorised officer must comply with any
V	prescribed procedures.".

Catchment and Land Protection (Amendment) Act 2003

s. 30

Act No. 61/2003

30. Offences relating to enforcement

(1) In section 84(1) of the Principal Act—

ts	(a) in paragraph (e), for "respect." substitute
n	"respect; or";
e

(b) after paragraph (e) insert— "(f) in any way, hold himself or herself out

m
u

c	to be an authorised officer if the person
o	is not an authorised officer.".
D

(2) For the penalty at the foot of section 84(1) of the

ry	Principal Act substitute—
ta	"Penalty:  60 penalty units.".
n
e	(3) After section 84(2) of the Principal Act insert—
m	"(3) Sub-section (2) does not apply to a person
ia	who is asked to state his or her name and
rl	address by an authorised officer in exercising
a	a power under this Part.".
P	31. Notices for the purpose of this Act
d
n	In section 85(1)(a) of the Principal Act, for "form"
a	substitute "manner".
n	32. Certificates
o
ti	In section 90 of the Principal Act—
la	(a) in sub-section (4)(c)(v) for "land." substitute
is	"land; and";
g	(b) after sub-section (4)(c) insert—
e
L	"(d) if a land management notice was in
n	force on the date specified in the
a	certificate, be accompanied by a copy
ri	of that land management notice.".
to
ic
V

Catchment and Land Protection (Amendment) Act 2003

s. 33

Act No. 61/2003

33.  Regulation-making power for the keeping of established pest animals

ts	For section 95(1)(c) of the Principal Act
n	substitute—
e	"(c) in relation to established pest animals
m	prescribing—
u
c	(i) the conditions under which established
o	pest animals may be kept; and
D	(ii) the purposes for which established pest
ry	animals may be kept; and

ta	(iii)	the types of species of established pest
n	animal that may be kept; and

e	(iv) the maximum number of established
m	pest animals that may be kept;".
ia
rl	34. Substitution of new clause 4 in Schedule 1
a	For clause 4 of Schedule 1 to the Principal Act
P	substitute—
d	'4. Remuneration
n
a	(1) A member of a body who is not—
n	(a) a public sector employee; or
o
ti	(b) a member of staff of a municipal council—
la	fixed by the Minister.
is entitled to the remuneration and allowances (if any)

is	(2)	In this clause "public sector employee" has the same
g	meaning as in the Public Sector Management and
e	Employment Act 1998.'.
L
n
a
ri
to
ic
V

Catchment and Land Protection (Amendment) Act 2003

s. 35

Act No. 61/2003

35. Amendment to Extractive Industries Development Act 1995

ts	See:	After section 5(4) of the Extractive Industries
Act No.
n	67/1995.	Development Act 1995 insert—
e	Reprint No. 2 as at	'(5) The provisions of this Act do not apply to or
m	16 November

2002.	with respect to the carrying out of any
u	LawToday:	"extractive activity" within the meaning of
c
the Catchment and Land Protection Act
o	dpc.vic.
gov.au	1994.'.
D

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Catchment and Land Protection (Amendment) Act 2003

Endnotes

Act No. 61/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Council: 10 April 2003
e
Legislative Assembly: 6 May 2003
m
u	The long title for the Bill for this Act was "to amend the Catchment and
c	Land Protection Act 1994 in relation to noxious weeds and pest animals
o	and for other purposes."
D
ry
ta
n
e
m
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rl
a
P
d
n
a
n
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