Water Act 2007

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

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.

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.

The warrant must:

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

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

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

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

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

name one or more authorised compliance officers; and

authorise the authorised compliance officers named in the warrant:

to enter the premises; and

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

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

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