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Environment Protection Act 1997
104Search warrants
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104 Search warrants
(1) If—
(a) an information is laid before a magistrate alleging that an
authorised officer has reasonable grounds for suspecting that
there may be on any premises a thing of a particular kind
connected with a particular offence against this Act; and
(b) the information sets out those grounds;
the magistrate may issue a search warrant authorising the authorised
officer named in the warrant, with the assistance and by the force that
is necessary and reasonable—
(c) to enter the premises described in the warrant; and
(d) to search the premises for things of the kind mentioned in
paragraph (a); and
(e) to exercise any of the powers listed in section 100 in relation to
those things.
(2) A magistrate must not issue a warrant unless—
(a) the informant or another person has given the magistrate, either
orally on oath or by affidavit, any further information that the
magistrate requires about the grounds on which the issue of the
warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for
issuing the warrant.
(3) A warrant must—
(a) state the purpose for which it is issued, including a reference to
the nature of the offence in relation to which the entry and search
is authorised; and
(b) state that the entry is authorised at any time of the day or night,
or specify particular hours during which the entry is authorised;
and
(c) include a description of the kind of things in relation to which
the powers listed in section 100 may be exercised; and
(d) specify a date, not later than 1 month after the date the warrant
is issued, when the warrant ceases to have effect.
(4) If in the course of searching under a warrant for things of a particular
kind connected with a particular offence, an authorised officer—
(a) finds a thing that the officer has reasonable grounds for
believing to be—
(i) connected with the offence, although not a thing of the kind
specified in the warrant; or
(ii) connected with another offence against this Act; and
(b) is satisfied that it is necessary to exercise any of the powers
listed in section 100 in relation to the thing to prevent the
committing, continuing or repeating of the offence or the other
offence;
the warrant must be taken to authorise the officer to exercise those
powers in relation to that thing.