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Environment Protection Act 2019
170Application for and issue of search warrant
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170 Application for and issue of search warrant
(1) An environmental officer may apply to a judicial officer for a search
warrant to enter land or premises:
(a) by appearing in person before the judicial officer; or
(b) if it is not practicable to appear in person – by telephone, radio
or other means of communication.
(2) If the judicial officer is satisfied that there are reasonable grounds to
permit the environmental officer to enter the land or premises, the
judicial officer may issue a warrant directed to the environmental
officer.
(3) If the judicial officer issues a warrant on an application made under
subsection (1)(b), the judicial officer must:
(a) complete and sign the warrant (the original warrant); and
(b) record on the original warrant the reasons for issuing it; and
(c) inform the environmental officer by telephone, radio or other
means of communication of its terms.
(4) When informed of the terms of the warrant under subsection (3)(c),
the environmental officer must as soon as practicable:
(a) complete 2 copies of the form of warrant in the terms provided
by the judicial officer; and
(b) write on each copy the name of the judicial officer and the
date and time of the issue of the original warrant; and
(c) forward one copy to the judicial officer.
(5) The environmental officer may use the remaining copy of the
warrant to exercise the powers granted by the original warrant.
(6) If the judicial officer is satisfied, after comparing the forwarded copy
with the original warrant, that the copy is in substance identical to
the original warrant, the judicial officer must certify the copy as
being in substance identical to the original warrant.
Environment Protection Act 2019 159
judicial officer means any of the following:
(a) a Supreme Court Judge;
(b) an Associate Judge;
(c) a Local Court Judge.