Authorised officers

Who is an authorised officer?

Trained, authorised officers are responsible for enforcing enforce laws that protect Queensland’s natural water resources. We promote voluntary compliance with the laws. However sometimes authorised officers must use their legal powers to ensure Queensland’s natural resources are sustained. We support those doing the right thing by addressing those that don’t.

An authorised officer’s role is defined by the Act they are enforcing. Sometimes they may need to inspect a property e.g. a water bore or meter under the Water Act 2000 or a treatment plant or a dam under the Water Supply (Safety and Reliability) Act 2008.

Authorised officers can:

• ask your name and address
• enter places under various circumstances
• investigate or monitor activities
• collect evidence or information
• monitor or enforce compliance
• ask a person to provide reasonable assistance.

How do I know if a person is an authorised officer?

Authorised officers will identify themselves by showing an identity card. The identity card has:

• a photograph of the officer
• their signature
• expiry date
• name of the legislation under which the officer is authorised to act.

When can an authorised officer enter my property?

We prefer to work with landholders by seeking their permission to enter their property. However, in certain situations, authorised officers have the legal power to enter without consent.

Officers may ask for your permission either in person or over the phone. They will explain why they need to enter your property, let you know they are asking for your consent, and inform you that you are not obligated to agree.

If you give permission, they may ask you to sign a form confirming:

• the date and time you gave consent
• the purpose of their visit
• that you understand you didn’t have to give permission.

In some cases, an authorised officer may apply for a warrant to enter a property. A Magistrate can issue a warrant if there are reasonable grounds to believe evidence of an offence might be found. If someone is present at the property, they will be given a copy of the warrant.

Sometimes legislation allows entry without a warrant. For example:

Under the Water Act 2000 entry powers are available to enter places if:

• The landholder has an authority to take or interfere with water and the officer is checking compliance with the authority.
• Departmental monitoring equipment (water bore or gauging station) is on the land, to read and or recalibrate the monitoring equipment.
• It is reasonably believed that unauthorised activities are occurring (to find out or confirm if the activities are occurring).
• A compliance or enforcement notice has been issued, and the officer is checking compliance with the notice.

Under the Water Supply (Safety and Reliability) Act 2008 entry powers are available to enter places if:

• To determine if a drinking water quality management plan or a recycled water management plan, or the conditions of these plans are being complied with.
• To inspect a dam or a referable dam on the land, including to determine the impact a failure of the dam would have or if there are factors that might cause the dam to fail.
• It is open to the public or is a business.

In unique circumstances Authorised Officers can apply over the phone for a warrant to enter a property immediately and evidence of this will be supplied to the landholder in due course.

What will they do on my property?

After an authorised officer gains entry in one of the ways described above, they may:

• investigate or monitor an activity
• collect or seize evidence or information
• inspect, measure, photograph or film
• take a thing or sample for analysis or testing
• take or copy a document
• require a person to provide reasonable assistance in the above.

Also consider...

Read about your rights when engaging with an authorised officer.