Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where application is made by the Executive to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:
(a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the Executive entering upon, and occupying, the land and doing on the land so occupied an act specified in subsection 9(2); and
(b) that the doing of that act on the land is reasonably necessary for the purposes of this Act;
grant a warrant authorizing the Executive to enter upon, and occupy, the land and do that act on land so occupied.
(2) Where application is made by an authorized person to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:
(a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the authorized person entering upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under section 8; and
(b) that entry upon the land for that purpose is reasonably required for the purposes of this Act;
grant a warrant authorizing that authorized person to enter upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under that section.