Biodiversity Conservation Act 2016

Application for search warrant An authorised officer under this Part may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Part believes on reasonable grounds that—

a provision of this Act or the regulations (or of the native vegetation legislation) is being or has been contravened at any premises, or

there is in or on any premises matter or a thing that is connected with an offence under this Act or the regulations or with a native vegetation offence.

Issue of search warrant An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Part named in the warrant—

to enter the premises, and

to exercise any function of an authorised officer under this Part.

Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

Definitions In this section—

matter or a thing connected with an offence means—

matter or a thing with respect to which the offence has been committed, or

matter or a thing that will afford evidence of the commission of an offence, or

matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.

offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.