Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 230

Announcement before entry

  (1)   An authorised compliance officer must, before entering premises under a monitoring warrant or an investigation warrant:

  (a)   announce that the authorised compliance officer is authorised to enter the premises; and

  (ab)   show the authorised compliance officer's identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

  (b)   give any person at the premises an opportunity to allow entry to the premises.

  (2)   An authorised compliance officer who is executing an investigation warrant is not required to comply with subsection   (1) if he or she believes on reasonable grounds that immediate entry to the premises is required:

  (a)   to ensure the safety of a person; or

  (b)   to prevent serious damage to the environment; or

  (c)   to ensure that the effective execution of the warrant is not frustrated.

  (2A)   If:

  (a)   an authorised compliance officer does not comply with subsection   (1) because of subsection   (2); and

  (b)   the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the authorised compliance officer must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

  (3)   If, when an authorised compliance officer is executing the warrant, an occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised compliance officer must, as soon as practicable:

  (a)   make a copy of the warrant available to the occupier or other person; and

  (b)   inform the occupier or other person, in writing, of the responsibilities and rights of the occupier or other person under sections   233C and 237.

  (4)   The authorised compliance officer must identify himself or herself to that person.

  (5)   The copy of the warrant referred to in subsection   (3) need not include the signature of the magistrate who issued the warrant.