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COMMONWEALTHAct
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s 10

Warrants

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10 Warrants

(1)

Where application is made by the Executive to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:

(a)

that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the Executive entering upon, and occupying, the land and doing on the land so occupied an act specified in subsection 9(2); and

(b)

that the doing of that act on the land is reasonably necessary for the purposes of this Act;

grant a warrant authorizing the Executive to enter upon, and occupy, the land and do that act on land so occupied.

(2)

Where application is made by an authorized person to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:

(a)

that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the authorized person entering upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under section 8; and

(b)

that entry upon the land for that purpose is reasonably required for the purposes of this Act;

grant a warrant authorizing that authorized person to enter upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under that section.

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