South Australian Consolidated Acts

HERITAGE PLACES ACT 1993 - SECT 39

39—Right of entry

        (1)         If the Minister considers it necessary, a person authorised by the Minister may enter and inspect a place, or specimens or artefacts in a place, for the purpose of determining or recording the heritage significance of the place or determining whether a heritage agreement entered into under this Act is being, or has been, complied with.

        (1a)         A person authorised by the Minister may enter and inspect a place, or inspect any object in a place—

            (a)         for the purpose of determining whether a provision of this Act is being, or has been, complied with; or

            (b)         for the purpose of investigating any alleged contravention of this Act.

        (2)         The authorised person may make photographic or other records of the place or specimens or artefacts.

        (3)         An authorised person may exercise powers under this section—

            (a)         with the consent of the occupier of the place; or

            (b)         by warrant under this section.

        (4)         An authorised person may apply to a Magistrate for a warrant under this section.

        (5)         The Magistrate may issue the warrant if satisfied that there are reasonable grounds for authorising the entry and examination of the place or specimens or artefacts in the place without the consent of the occupier.