Planning Act 2023

After issuing a search warrant on a remote application, the magistrate must immediately give a written copy to the inspector who made the application if it is practicable to do so.

If it is not practicable to give a written copy to the inspector—

the magistrate must tell the inspector—

the warrant’s terms; and

the date and time the warrant was issued; and

the inspector must complete a form of warrant (the warrant form) and write on it—

the magistrate’s name; and

the date and time the magistrate issued the warrant; and

the warrant’s terms.

The written copy of the search warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector’s powers under this chapter.

The inspector must, at the first reasonable opportunity, send to the magistrate—

the sworn application mentioned in section 479 (2); and

if the inspector completed a warrant form—the completed warrant form.

On receiving the documents mentioned in subsection (4), the magistrate must attach them to the search warrant.

A court must find that a power exercised by an inspector was not authorised by a search warrant issued on a remote application if—

a question arises in a proceeding in the court whether the exercise of power was authorised by a search warrant; and

the warrant is not produced in evidence; and

it is not proved that the exercise of power was authorised by a search warrant issued on a remote application.

In this section:

remote application—see section 479 (1).