Planning Act 2023

A magistrate may refuse to consider an application for a monitoring warrant until the inspector gives the magistrate any additional information the magistrate requires for subsection (2).

The magistrate must not issue the monitoring warrant unless satisfied that—

there are grounds for making the application; and

if the application states that assistance is likely to be necessary to execute the warrant—that the assistance mentioned in the application is reasonably necessary to execute the warrant; and

if the application is made remotely under section 488—the application has been made in accordance with that section.

A monitoring warrant may not be issued in relation to an inspector other than the applicant.

However, a monitoring warrant may authorise another inspector to accompany the applicant to execute the warrant.