Section 26Part 6 — ENFORCEMENT AND PENALTIES
Powers of conservation officers
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26. (1) If a conservation officer suspects on reasonable grounds that a person has committed or is committing an offence under this Law or the regulations, the conservation officer may, for the purposes of this Law and using such force as may be necessary for the purpose —
stop and search any person in any public place, Crown lands or protected area;
stop, detain and search, in any public place, Crown lands or protected area, any vehicle, boat or other conveyance in or upon which he has reasonable cause to suspect that there is any specimen in respect of which any offence against this Law or any regulations has been committed or in or upon which he has reasonable cause to suspect that there is any specimen, noxious substance, spear gun, trap, net cage or other article or equipment used in the commission of any such offence;
require to be produced and examined and take copies of any permit or other documents required under this Law;
with a warrant, enter and search any premises that the conservation officer reasonably suspects may contain evidence of the commission of an offence against this Law or any regulations; and
without a warrant, and while in hot pursuit of a person whom the conservation officer reasonably suspects to have committed an offence against this Law or the regulations —
enter and search any private premises including any dwelling house, garden, yard or other land that such suspected person has entered; and in which such suspected person may be found; and
search any vehicle which has just entered onto such private premises
search such suspected person while he is on such private premises.
If a conservation officer is satisfied after exercising any of the powers of search under this section that there is reasonable evidence of an offence under this Law, he may arrest and detain any person suspected of the offence and seize any National Conservation Law, 2013 Section 27 c Law 24 of 2013 Page 37 specimen, vessel, vehicle and any noxious substance, firearms, speargun, trap, net, cage and other article or equipment used in the commission of the offence.
Where a person is arrested and detained under subsection (2) the provisions of the Police Law, 2010 which relate to arrests and detentions shall apply accordingly.
Where a warrant to search any premises is required the conservation officer shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2013 Revision) which relate to search warrants shall apply accordingly.
The search of a person under this section shall be carried out by a conservation officer of the same gender as that person or, where such a conservation officer is not available, the search shall be carried out by a constable of the same gender of the person in the presence of the conservation officer.
The power of search conferred by subsection (1)(e) is only a power to search to the extent that it is reasonably required for the purpose for which the power of entry is exercised.
Where access to premises is denied, a conservation officer may break and enter those premises to gain access for the purpose of an arrest.
Any person who assaults, obstructs, intimidates, refuses to give his name and address or gives a false name and address to, or gives any other false information to a conservation officer in the performance of his duties commits an offence.