Section 280 - Protection of the Environment Operations Act 1997 - Powers of entry by police by warrant

280Powers of entry by police by warrant

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280 Powers of entry by police by warrant

(1) Complaint for and issue of warrant On complaint being made by a police officer to an authorised officer that—

(a) the police officer has been denied entry to any specified premises, and

(b) the police officer believes that—

(i) offensive noise is being emitted from the premises or offensive noise has, within the past 7 days, been emitted from the premises, and

(ii) it is necessary for a police officer to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened,

the authorised officer may, if satisfied that there are reasonable grounds for that belief, by warrant, authorise and require the police officer to enter the premises and to give a noise abatement direction or investigate whether a noise abatement direction has been contravened.

(2) Manner of making complaint The complaint may be made by a police officer to the authorised officer in person or by telephone and may be made directly to the authorised officer or, where in all the circumstances it is impracticable to make the complaint directly, by causing the complaint to be transmitted by another police officer by either of those means.

(3) Indirect complaint The fact that the complaint is made to the authorised officer by a police officer who causes the complaint to be transmitted by another police officer to the authorised officer does not, if the authorised officer is of the opinion that it is in all the circumstances impracticable to communicate directly with the police officer making the complaint, prevent the authorised officer being satisfied as to the matters specified in subsection (1).

(4) How warrant granted The authorised officer grants the warrant by stating the terms of the warrant.

(5) Authorised officer to make record The authorised officer who grants the warrant is required to cause a record to be made in writing in the prescribed form of—

(a) the name of the police officer who was the complainant, and

(b) where the complaint was transmitted by a police officer on behalf of the complainant—the name of the police officer who transmitted the complaint, and