On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 02/01/2011.
PART VII
POWERS OF ENFORCEMENT
39.
—(1) Where it appears to the Commissioner or any authorised officer that there may have been a contravention of any provision of this Act, he may serve an information notice to require any person who appears to him to be acquainted with the circumstances of the case to furnish him, within such time as may be specified in the notice, with information relating to that case in the possession or within the knowledge of that person.
(2) An information notice under subsection (1) shall be complied with by giving the required information in writing to the Commissioner or authorised officer, as the case may be.
(3) Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(4) It shall be a defence for a person charged with an offence under subsection (3) to prove that he did not know and could not with reasonable diligence have ascertained, the information required in the information notice.
(5) If any person —
(a)
makes any statement purporting to comply with a requirement of an information notice which he knows to be false or misleading in a material particular; or
(b)
recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[National Parks 1997 Ed., s. 30]
40.
—(1) The Commissioner or any authorised officer may, with such assistants and workmen as are necessary, at any reasonable time, enter upon any land for the purpose of —
(a)
ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act;
(b)
ascertaining whether circumstances exist that would authorise the Commissioner to take any action or execute any works under this Act; or
(c)
taking any action or carrying out any works, authorised or required by this Act.
(2) The Commissioner or any authorised officer may take or cause to be taken any photograph of the premises and any property or material found thereon and such other steps as he may consider necessary without involving any search or seizure of any premises, thing or person.
(3) The occupier of any premises shall, if required by the Commissioner or any authorised officer, as the case may be —
(a)
give his name and address;
(b)
provide proof of his identity; and
(c)
give the name and address of the owner of the premises, if known.
(4) Any person who —
(a)
wilfully obstructs the Commissioner or any authorised officer in the performance of any matter or thing which he is authorised to do by this section; or
(b)
upon being required by the Commissioner or any authorised officer to give his name and address or to furnish any particulars under subsection (3), refuses to do so or wilfully mis-states his name or address or furnishes false particulars,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
41.
—(1) The Commissioner, an authorised officer or a police officer may arrest, without warrant, any person who has committed or whom he reasonably suspects to have committed an offence under this Act if —
(a)
the person declines to give his name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
(2) A person arrested under this section may be detained until his name and address are correctly ascertained except that no person so arrested shall be detained longer than is permitted by written law and is necessary for bringing him before a court unless the order of a court for his detention is obtained.
[Parks and Trees 1996 Ed., s. 22]
42.
—(1) The Commissioner, an authorised officer, a park ranger or a police officer may, without warrant, arrest any person within any national park, nature reserve or public park if that person, in contravention of this Act, fails or refuses to leave the national park, nature reserve or public park, as the case may be, or any part thereof, after being requested by the Commissioner, authorised officer, park ranger or police officer to do so.
(2) A park ranger may, without warrant, arrest any person who has committed or whom he reasonably suspects to have committed an offence under this Act within a national park, nature reserve or public park if —
(a)
the person declines to give his name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
(3) If the Commissioner, an authorised officer, a park ranger or a police officer has reason to believe that any offence has been committed under this Act within any national park, nature reserve or public park, he may inspect and search any baggage, equipment, package, container, tent, vehicle, boat, craft or place and seize any thing therein which he requires as evidence that any such offence has been committed.
(4) The Commissioner, an authorised officer, a park ranger or a police officer may remove from any national park, nature reserve or public park any vehicle, boat or thing brought into or left in the national park, nature reserve or public park or any part thereof in contravention of this Act or which is likely to cause danger or obstruction.
[National Parks 1997 Ed., ss. 34, 35 and 37]