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Regional Planning Interests Act 2014
sec.88Authorised persons under the Environmental Protection Act
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### sec.88 Authorised persons under the Environmental Protection Act
This section applies for a strategic environmental area.
The functions of an authorised person (environment) under the Environmental Protection Act include to ensure compliance with this Act (the further function ).
For the purposes of subsection (2) —
an authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and
an authorised person (environment) may enter a place under section 452 of that Act if the place is—
the subject of a regional interests development approval; and
entered during daylight hours; and
on an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—
there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
the evidence is at the place or, within the next 7 days, may be at the place.
In this section—
authorised person (environment) means an authorised person under the Environmental Protection Act.
(sec.88-ssec.1) This section applies for a strategic environmental area.
(sec.88-ssec.2) The functions of an authorised person (environment) under the Environmental Protection Act include to ensure compliance with this Act (the further function ).
(sec.88-ssec.3) For the purposes of subsection (2) — an authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and an authorised person (environment) may enter a place under section 452 of that Act if the place is— the subject of a regional interests development approval; and entered during daylight hours; and on an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, may be at the place.
(sec.88-ssec.4) In this section— authorised person (environment) means an authorised person under the Environmental Protection Act.
- (a) an authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and
- (b) an authorised person (environment) may enter a place under section 452 of that Act if the place is— (i) the subject of a regional interests development approval; and (ii) entered during daylight hours; and
- (i) the subject of a regional interests development approval; and
- (ii) entered during daylight hours; and
- (c) on an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (ii) the evidence is at the place or, within the next 7 days, may be at the place.
- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
- (ii) the evidence is at the place or, within the next 7 days, may be at the place.
- (i) the subject of a regional interests development approval; and
- (ii) entered during daylight hours; and
- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
- (ii) the evidence is at the place or, within the next 7 days, may be at the place.