VICIn ForceAct
Pipelines Act 2005
163AWarrant for entry of land or premises if risk to persons or property
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163A Warrant for entry of land or premises if risk to persons or property
(1) An inspector may apply to a magistrate for the issue of a warrant authorising the inspector to enter any land or premises (including residential premises) if the inspector suspects on reasonable grounds that—
(a) there is a risk to the health or safety of any person arising from a pipeline operation; or
(b) there is a risk of significant damage to property arising from a pipeline operation; or
(c) a person is not complying, or has not complied, with a direction of the Minister under section 155 and that non‑compliance with the direction may cause—
(i) a risk to the health or safety of any person; or
(ii) a risk of significant damage to property.
(2) The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—
(a) by the evidence, on oath or by affirmation—
(i) there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that the entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or
(ii) there are reasonable grounds to suspect the matters set out in subsection (1)(c); and
(b) entry is warranted in all the circumstances.
(3) A warrant issued under subsection (2) may authorise an inspector named in the warrant to enter the land or premises and exercise any power referred to in section 160(1) or (2) in relation to the land or premises.
(4) A warrant issued under subsection (2) must state—
(a) the purpose for which the warrant is required; and
(b) the land or premises that may be entered; and
(c) any conditions to which the warrant is subject; and
(d) whether entry is authorised to be made at any time, or during specified hours, of the day or night; and
(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.