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WATER ACT 2007 - SECT 226

Investigation warrants

  (1)   An authorised compliance officer may apply to a magistrate for a warrant under this section in relation to premises.

  (2)   Subject to subsection   (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material in or on the premises.

  (3)   The magistrate must not issue the warrant unless the authorised compliance officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

  (4)   The warrant must:

  (a)   state the offence provision or offence provisions, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

  (b)   describe the premises to which the warrant relates; and

  (c)   state that the warrant is issued under this section; and

  (d)   specify the kinds of evidential material to be searched for under the warrant; and

  (e)   state that evidential material of the kind specified may be seized under the warrant; and

  (f)   state that the person executing the warrant may seize any other thing found in the course of executing the warrant if the person believes on reasonable grounds that the thing is evidential material of a kind not specified in the warrant; and

  (g)   name one or more authorised compliance officers; and

  (h)   authorise the authorised compliance officers named in the warrant:

  (i)   to enter the premises; and

  (ii)   to exercise the powers referred to in subsections   224(2) and (3) and sections   224A, 231 and 232 in relation to the premises; and

  (i)   state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

  (j)   specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.


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