23/06/2015
Fi****ms Lawyer
I have heard of CALM setting up road blocks in the bush and stopping and searching all hunters’ vehicles. I think that the practice is illegal. If you are stopped my advice is to (1) ask why you are being stopped and (2) object to your vehicle being searched. If it is then searched, and they find something that they want to use in court, you can always argue that the search was illegal and item found should not be used in evidence in court.
I set out below a summary of some aspects of the powers of CALM officers and rangers, wildlife officers and fisheries officers in WA. You will see that there are severe restrictions on their right to search your home without a warrant. Many people think that fisheries officers have more power than police. But that is not true when it comes to searching homes.
A conservation and land management officer who finds a person committing an offence against the Conservation and Land Management Act on any land or waters or who, on reasonable grounds, suspects that such an offence has been committed or is about to be committed, may without warrant (1) stop, detain and search any vehicle, vessel or conveyance; and (2) enter and search any hut, tent, caravan or other er****on which is not a permanent residence.
The CALM officer may not exercise any such power unless he has first taken all reasonable steps to communicate to the person who owns or is in charge of the vehicle, animal, vessel, conveyance, hut, tent, caravan or other thing concerned (if the identity of that person can reasonably be ascertained) his intention to exercise the power and his reasons for believing that he is authorised to exercise the power. This is why you must ask the officer why he is doing what he is doing.
Similar rules apply to a ranger.
A wildlife officer who finds a person committing an offence against the Wildlife Conservation Act or who, on reasonable grounds, suspects that an offence against that Act has been committed or is about to be committed may, without warrant, take possession of -
(i) any weapon, illegal device or other thing which the wildlife officer, on reasonable grounds, believes has been, or will be, used by the offender in committing the offence;
(ii) any fauna or flora which the wildlife officer on reasonable grounds believes to be involved in the commission of the offence.
He may also -
(1) stop, detain and search any vehicle, vessel or conveyance
(2) enter upon and search any land (but not a dwelling house)
(3) enter and search any hut, tent, caravan or other er****on, which is not a permanent residence
(4) enter and search any shop, warehouse, factory, bond store office or any other premises, or
(5) enter into or upon and search any lake, river, pond, lagoon or other water whether natural or not
in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, or any weapon, instrument, illegal device or other thing or means used or about to be used, in the commission of an offence against the Act
A fisheries officer may, without a warrant, enter and search any premises, but not a residence, other than premises used as a residence if he has reasonable grounds to suspect that an offence against this the Fish Resource Management Act is being or is about to be committed in or on the premises.
He may enter a residence, without a warrant, he (1) suspects on reasonable grounds that a person has committed an offence against this Act; and (2) has pursued the person without interruption from the place, or near the place, where the offence was suspected to have been committed to the premises.
A fisheries officer may, without warrant, enter and search any tent, camp or unauthorised structure if the fisheries officer has reasonable grounds to suspect that it contains any fish or fishing gear.
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