73Exercise of powers in relation to residential premises

73 Exercise of powers in relation to residential premises (1) An authorised officer must not enter residential premises except: (a) with the consent of the owner or occupier of the premises; or (b) under a search warrant issued under this section. (2) A justice of the peace who is satisfied, on the application of an authorised officer, that there is reasonable cause to permit the officer to enter residential premises with a view to exercising a

Waste Management and Pollution Control Act 1998 53 power under section 72 or 74, may issue a warrant in relation to the premises directed to the authorised officer. (3) A warrant issued under subsection (2) is, for a period of one month from its issue, sufficient authority: (a) to the authorised officer to whom it is directed and a person authorised under section 72(1)(q) to enter the residential premises specified in the warrant; and (b) to that authorised officer and that person to exercise in respect of the residential premises specified in the warrant the powers under section 72 or 74. (4) Where it is impracticable for an authorised officer to apply in person to a justice of the peace for a warrant under subsection (2): (a) the officer may make the application to a justice of the peace by telephone; and (b) the justice of the peace may issue the warrant on that application. (5) Where a justice of the peace issues a warrant under subsection (4): (a) the justice of the peace is to complete and sign the warrant, inform the authorised officer by telephone of its terms and record on the warrant the justice of the peace's reasons for issuing it; and (b) the authorised officer must: (i) complete in duplicate a form of warrant in the terms provided by the justice of the peace; (ii) write on it the name of the justice of the peaceand the date and time of its issue; and (iii) forward one of the copies to the justice of the peace. (6) On receiving the copy referred to in subsection (5)(b), the justice of the peace must: (a) compare it with the warrant signed by the justice of the peace; and (b) if satisfied that they are in substance identical, note this fact on the warrant and forward both the warrant and the copy to the NT EPA.

Waste Management and Pollution Control Act 1998 54 (7) A form of warrant prepared by an authorised officer under subsection (5)(b) has, if it is in substance identical with the terms of the warrant signed by the justice of the peace, the same authority as that of a justice of the peace's warrant issued under subsection (2).