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Inspection of land.
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66.—(1) Without prejudice to the powers of an authorised person by virtue of section 72 of the Principal Act, any person appointed in writing by the Minister under the said section 72 to be an authorised person may at any reasonable time enter on, inspect and survey any land (other than any dwelling thereon) for any purpose (apart from the purposes mentioned in subsection (2)) in connection with the performance by the Minister of functions under this Act and the Principal Act.
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(2) (a) An authorised person may at any reasonable time enter on and inspect any land to which a recognition order relates to ascertain whether or not the objectives indicated in the order are being, or have been, attained, or, where attained, are being maintained.
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(b) An authorised person may on reasonable grounds at any reasonable time enter on, inspect and survey any land (other than any dwelling thereon) for the purpose of—
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(i) ascertaining whether the lands form or are part of, or are in need of protection as, a natural heritage area, or
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(ii) ascertaining whether there is any fauna or flora on the land in need of protection under section 17 of the Principal Act, or
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(iii) surveying or monitoring relevant to the conservation status of habitats or species.
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(3) When exercising a function conferred by this section, an authorised officer shall, if requested by any person affected, inform such person of the nature of the function being exercised and produce for inspection that officer's certificate of authorisation.
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(4) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and may be accompanied by such other persons as may be reasonably necessary in assisting him or her so to do.
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(5) Before an authorised person enters on any land for the purposes of subsection (1) of this section, he or she shall either obtain the consent, in the case of occupied land, of the occupier, or, in the case of unoccupied land, of the owner, or shall give to the owner or occupier, as the case may be, not less than 14 days' notice in writing of his or her intention to make the entry.
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(6) A person to whom a notice of intention to enter on land has been given under this section by an authorised person may, not later than 14 days after the giving of such notice, apply, on notice to such person, to the Judge of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the Judge may, if he or she so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
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(7) Where a Judge of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter on the land and where a Judge of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters land shall observe the conditions so specified.
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(8) An authorised person may request the owner or occupier of such land so entered to give assistance, to carry out such instructions and to give such information as may be reasonably necessary for the purposes of the performance by the authorised officer of his or her functions.
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(9) Any person who by act or omission impedes or obstructs an authorised person or a person mentioned in subsection (4) in the lawful exercise of any power conferred on them by this section shall be guilty of an offence.
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