Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if the chief executive is satisfied on reasonable grounds it is necessary to exercise powers under this division to avoid an imminent risk of a pest infesting plants or other things on land, other than land in a pest quarantine area for the pest.
(2) In considering whether there is an imminent risk of the pest infesting plants or other things on the land, the chief executive must have regard to--
(a) the proximity of the land to a known infestation of the pest; and
(b) the ability of the pest to spread and the way in which it spreads.
(3) An inspector may, without a warrant or consent of the owner of the land, enter the land.
(4) Before entering the land, the inspector must, or make a reasonable attempt to--
(a) tell the owner of the land the inspector is authorised under this Act to enter the land; and
(b) give the owner an opportunity to allow the inspector immediate entry to the land without using force.
(5) The inspector may--
(a) direct the owner to take stated reasonable steps within a stated reasonable period, including, for example, steps about monitoring for, or treating, the pest; or
(b) take the reasonable steps; or
(c) authorise another person to take the reasonable steps.
(6) The direction may be given orally or by written notice.
(7) If the direction is given orally, the inspector must as soon as practicable confirm the direction by written notice given to the owner.
(8) When giving the direction under subsection (5)(a), the inspector must warn the owner it is an offence not to comply with the direction unless the owner has a reasonable excuse.
(9) The owner must comply with the direction unless the owner has a reasonable excuse.
Maximum penalty--400 penalty units.
(10) If the inspector takes the steps, the inspector may also exercise any of the powers of an inspector under this division.
(10A) The inspector may take any of the following steps as are reasonable in the circumstances--
(a) inspect anything on the land;
(b) monitor plant movements;
(c) photograph anything;
(d) test anything;
(e) take samples of anything for testing or identification;
(f) lay baits and set lures or traps.
(10B) Subsection (10A) does not limit--
(a) the reasonable steps the inspector may direct, take or authorise under subsection (5); or
(b) the powers the inspector may exercise under subsection (10).
(11) The inspector may exercise the powers mentioned in subsections (3), (5)(b), (10) and (10A) with the help, and using the force, that is necessary and reasonable in the circumstances.
(12) In exercising or attempting to exercise the powers mentioned in subsections (3), (5)(b), (10) and (10A), an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person on the land, and does as little damage, as is practicable in the circumstances.
(13) This section does not limit any power an inspector has apart from this section.
(14) If an inspector authorises a person to take steps under subsection (5)(c)--
(a) the person may exercise the powers mentioned in subsection (10); and
(b) the inspector must inform the person--
(i) of the steps the person is authorised to take; and
(ii) of the person's powers under this section.
(15) In this section--
land does not include premises, or a part of premises, where a person resides.