Clause 9

by deleting the words “, enter upon any land” in subsection (1) and substituting the words “without warrant and without using force, enter upon any land or site”;

by inserting, immediately after the words “national monument” in subsection (1)(a), the words “or proposed national monument”;

by inserting, immediately after subsection (1), the following subsections:“(1A) The power conferred on the Director or a Monument Inspector under subsection (1)(a), (b) or (c) includes the following powers:

to examine any thing or observe any activity conducted in or on the land or site in question without involving any search of any premises, thing or person, or any seizure of any thing, in or on that land or site;

to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land or site in question and any thing in or on that land or site;

to make measurements of the land in question and any thing in or on that land;

to take samples of water, soil, vegetation or other similar substances from the land or site in question and any thing in or on that land or site for the purposes of analysis.(1B) The Director or a Monument Inspector entering any land or site for any purpose in subsection (1)(a), (b), (c) or (d) may be accompanied by a number of other persons reasonably necessary for that purpose.”; and

by inserting, immediately after subsection (2), the following subsections:“(2A) However, where the Director or a Monument Inspector —

suspects on reasonable grounds that an offence under section 13(7), 15(4), 20(1)(a) or 22(1) has been or is being committed in relation to any land or site; and

is unable to enter, or is refused entry to, the land or site under subsection (1),the Director or Monument Inspector may forcibly enter the land or site without warrant for any purpose in subsection (1)(a), (b), (c) or (d), including by breaking open any outer or inner door or window leading to the land or site and removing by force any obstruction to the entry.(2B) If the owner or occupier of the land or site is present when the Director or a Monument Inspector seeks to enter the land or site under subsection (1) or (2A), the Director or Monument Inspector (as the case may be) must, before entering —

declare his or her office to the owner or occupier; and

show to the owner or occupier the identification card that the chief executive officer of the Board directs to be carried by the Director or Monument Inspector as proof of identity.(2C) If the owner or occupier of the land or site is not present when entry under subsection (1) or (2A) to the land or site is sought, but some other person who appears to be in charge of the land or site is present, then subsections (1) and (2A) respectively, apply to that other person as if he or she were the owner or occupier of the land or site.(2D) However, subsections (2B) and (2C) do not apply if the land or site in question is unoccupied at the time of entry.”.