Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 409

Application for monitoring warrant

  (1)   An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring warrant .

Note:   Urgent applications may be made by telephone or other electronic means under section   409A.

Issue of monitoring warrant

  (2)   Subject to subsection   (3), the magistrate may issue the monitoring warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorised officer should have access to the premises for the purpose of finding out whether any or all of the provisions of an environmental law have been, are being or will be complied with.

Information about grounds for issue of monitoring warrant

  (3)   The magistrate must not issue the monitoring warrant unless the authorised officer or another person has given the magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the magistrate requires about the grounds on which the issue of the monitoring warrant is being sought.

Terms of warrant

  (4)   The monitoring warrant must:

  (a)   name an authorised officer who, unless he or she inserts the name of another authorised officer in the warrant, is to be responsible for executing the warrant; and

  (aa)   authorise the executing officer, with such assistance and by such force as is necessary and reasonable, from time to time while the monitoring warrant remains in force:

  (i)   to enter the premises; and

  (ii)   to exercise monitoring powers in relation to the premises; and

  (b)   state whether an entry under the monitoring warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and

  (c)   specify the day (not more than 6 months after the issue of the monitoring warrant) on which the monitoring warrant ceases to have effect; and

  (d)   state the purpose for which the monitoring warrant is issued.

Seizure powers

  (5)   If an authorised officer enters premises under a monitoring warrant, he or she may exercise powers of seizure conferred by section   444A or 445.