MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
                                               Chapter 9 Investigation and enforcement
                            Part 2 Powers of authorised persons for places and vehicles

                                                                                [s 456]

        (5)   Nothing in this section authorises the authorised person to
              enter a building used for residential purposes.
        (6)   This section does not limit section 452, 453 or 454.

456      Warrants
        (1)   An authorised person may apply to a magistrate for a warrant
              for a place.
        (2)   An application must be sworn and state the grounds on which
              the warrant is sought.
        (3)   The magistrate may refuse to consider the application until the
              authorised person gives the magistrate all the information the
              magistrate requires about the application in the way the
              magistrate requires.
              Example—
                 The magistrate may require additional information supporting the
                 application to be given by statutory declaration.
        (4)   The magistrate may issue a warrant only if the magistrate is
              satisfied there are reasonable grounds for suspecting—
              (a)    there is a particular thing or activity (the evidence) that
                     may provide evidence of the commission of an offence
                     against this Act; and
              (b)    the evidence is, or may be within the next 7 days, at the
                     place.
        (5)   The warrant must state—
              (a)    that any authorised person or a stated authorised person
                     may, with necessary and reasonable help and force,
                     enter the place and exercise the authorised person’s
                     powers under this Act; and
              (b)    the evidence for which the warrant is issued; and
              (c)    the hours of the day when entry may be made; and
              (d)    the day (within 14 days after the warrant’s issue) when
                     the warrant ends.
Current as at 20 February 2014                                               Page 391