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 458]

                     (iii) the warrant’s terms.
        (6)   The facsimile warrant, or the warrant form properly
              completed by the authorised person, authorises the entry and
              the exercise of the other powers authorised by the warrant
              issued by the magistrate.
        (7)   The authorised person must, at the first reasonable
              opportunity, send to the magistrate—
              (a)    the sworn application; and
              (b)    if a warrant form was completed by the authorised
                     person—the completed warrant form.
        (8)   On receiving the documents, the magistrate must attach them
              to the warrant.
        (9)   Unless the contrary is proved, a court must presume that a
              power exercised by an authorised person was not authorised
              by a warrant issued under this section if—
              (a)    a question arises, in a proceeding before the court,
                     whether the exercise of power was authorised by a
                     warrant; and
              (b)    the warrant is not produced in evidence.

458      Order to enter land to conduct investigation or conduct
         work
        (1)   An authorised person may apply to a magistrate for an order
              to enter land—
              (a)    to carry out work on the land to—
                     (i)   prevent or minimise environmental harm or
                           rehabilitate or restore the land because of an
                           activity carried out under an environmental
                           authority, transitional environmental program or
                           site management plan; or
                     (ii) remediate land managed under a site management
                          plan; or
Current as at 20 February 2014                                               Page 393