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 457]

          (6)   The magistrate must record the reasons for issuing the
                warrant.

457        Warrants—applications made otherwise than in person
          (1)   An authorised person may apply for a warrant by phone, fax,
                radio or another form of communication if the authorised
                person considers it necessary because of—
                (a)   urgent circumstances; or
                (b)   other special circumstances, including, for example, the
                      authorised person’s remote location.
          (2)   Before applying for the warrant, the authorised person must
                prepare an application stating the grounds on which the
                warrant is sought.
          (3)   The authorised person may apply for the warrant before the
                application is sworn.
          (4)   After issuing the warrant, the magistrate must immediately
                fax a copy to the authorised person if it is reasonably
                practicable to fax the copy.
          (5)   If it is not reasonably practicable to fax a copy of the warrant
                to the authorised person—
                (a)   the magistrate must—
                      (i)   tell the authorised person what the terms of the
                            warrant are; and
                      (ii) tell the authorised person the date and time the
                           warrant was signed; and
                      (iii) record on the warrant the reasons for issuing the
                            warrant; and
                (b)   the authorised person must write on a form of warrant
                      (warrant form)—
                      (i)   the magistrate’s name; and
                      (ii) the date and time the magistrate signed the
                           warrant; and
Page 392                                                 Current as at 20 February 2014