QLDIn ForceAct
Nature Conservation Act 1992
sec.148Monitoring warrants
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### sec.148 Monitoring warrants
A conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).
Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the conservation officer should have access to the place for the purpose of finding out whether this Act is being complied with.
If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
The warrant must—
authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable—
to enter the place; and
to exercise the powers set out in section 147 (1) (a) to (e) ; and
state whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and
specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
state the purpose for which the warrant is issued.
s 148 amd 2011 No. 6 s 103
(sec.148-ssec.1) A conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).
(sec.148-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the conservation officer should have access to the place for the purpose of finding out whether this Act is being complied with.
(sec.148-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
(sec.148-ssec.4) The warrant must— authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 147 (1) (a) to (e) ; and state whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.
- (a) authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and
- (i) to enter the place; and
- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and
- (b) state whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and
- (c) specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
- (d) state the purpose for which the warrant is issued.
- (i) to enter the place; and
- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and