Schedule 7Forms relating to noise abatement directions

# Schedule 7 Forms relating to noise abatement directions Schedule 7 Forms relating to noise abatement directions section 135 Form 1 [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) the Act, section 280 **MAGISTRATE’S RECORD OF COMPLAINT REQUESTING THE ISSUE OF A WARRANT TO ENTER PREMISES** Details of the complaint On \[*insert date*\] at \[*insert time*\], I, the undersigned Magistrate, received a complaint alleging that the complainant had been denied entry to premises at \[*insert address of premises*\]. The complaint was made in person\*/by telephone\*. The complaint was made by \[*insert name of police officer*\], a police officer stationed at \[*insert name of police station*\]. The complainant caused the complaint to be transmitted to me by \[*insert name of police officer*\], a police officer stationed at \[*insert name of police station*\]\*. Further details of the complaint are set out on the other side of this page. Grounds of the complaint The complainant stated their belief that— > • offensive noise was being emitted from the premises\* > • offensive noise had, within the 7 days preceding the complaint, been emitted from the premises\*. The police officer requested the grant of a warrant because the officer believed it was necessary to enter the premises immediately in order— > • to give a noise abatement direction in relation to offensive noise emitted from the premises\* > • to investigate whether a noise abatement direction has been contravened\*. Outcome of consideration of the complaint After considering the complaint I was satisfied that there were reasonable grounds for that belief. The grounds on which I relied to justify my finding that there were reasonable grounds for that belief are as follows— Details of grant of warrant I have granted my warrant authorising and requiring the complainant to enter the premises and— > • to give a noise abatement direction\* > • to investigate whether a noise abatement direction has been contravened\*. The warrant was granted on \[*insert date*\] at \[*insert time*\]. Signed— \[*Magistrate*\] \* Delete if inapplicable. \[*Overleaf*\] Details of Complaint Form 2 [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) the Act, section 280 **NOTICE OF GRANT OF WARRANT TO ENTER PREMISES** A warrant has been granted to enter premises at \[*insert address of premises*\]. The warrant was granted on the basis of a complaint made by a police officer stationed at \[*insert name of police station*\]. The warrant was granted on \[*insert date*\] at \[*insert time*\]. The warrant was granted by \[*insert name of Magistrate*\] a Magistrate of the Local Court. The warrant was granted subject to the following additional terms: \* Signature of complainant police officer \* Delete if inapplicable. Form 3 [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) the Act, section 280 **IMPORTANT INFORMATION FOR OCCUPIERS CONCERNING THE WARRANT** A warrant has been granted by a Magistrate. The warrant gives the authority and power to police to enter premises and— > (a) give a noise abatement direction (which is a direction under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) to cause the emission of offensive noise to stop or to stop making or contributing to offensive noise), or > (b) investigate whether a noise abatement direction has been breached. Reasons for the issue of the warrant A member of the police force has made a complaint to a Magistrate that the police officer was denied entry to the premises and that the member of the police force believed— > (a) that offensive noise was being emitted from the premises (or that offensive noise had been emitted within the previous 7 days), and > (b) that it was necessary for a police officer to enter the premises immediately 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 Magistrate was satisfied that there were reasonable grounds for that belief. Details of the warrant The police officer who was the complainant should have prepared a form containing details of— > (a) the address of the premises the subject of the warrant, and > (b) the name of the Magistrate who granted the warrant, and > (c) the name of the police officer, and > (d) the time at which the warrant was granted. You should have been given that form by the police officer who entered the premises. Execution of warrant The warrant must be executed as soon as practicable after the time it is granted. The warrant must be executed within 24 hours after the time it was granted. The warrant may be executed at any time during the day or night. Use of force The police may use reasonable force for the purpose of entering any premises. This may include breaking open any door. Any force used must be reasonably necessary. Limitations on the powers conferred Only functions and powers authorised under the warrant or by the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) authorising the issue of the warrant may be performed. The police officer is not authorised to stay on your premises any longer than is necessary.