Planning Act 2023

After issuing a monitoring 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 provide a written copy of the monitoring warrant 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 inspector must, at the first reasonable opportunity, send to the magistrate—

the sworn application mentioned in section 488 (2); and

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

On receiving the documents mentioned in subsection (3), the magistrate must attach them to the monitoring warrant.

A court must find that a power exercised by an inspector was not authorised by a monitoring 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 monitoring warrant; and

the warrant is not produced in evidence; and

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

In this section:

remote application—see section 488 (1).