Monitoring warrants for marine plants or fish habitat
148B Monitoring warrants for marine plants or fish habitat
An inspector may apply to a magistrate for a warrant under this section for a place, other than a place or part of a place used exclusively as a person’s residence, if the inspector is satisfied—
the place is a part of a direct reasonable route for gaining access to a body of water; and
the body of water—
includes marine plants or fish habitat; or
has just been or is about to be used for a fishing activity; and
it is necessary for an inspector to access the body of water to find out if this Act is being complied with in relation to the marine plants or fish habitat or the fishing activity.
The application must be sworn and state the grounds on which the warrant is sought.
The magistrate may refuse to consider the application unless the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—The magistrate may require additional information supporting the application to be given by statutory declaration.
The magistrate may issue the warrant only if the magistrate is satisfied—
it is reasonably necessary that the inspector or another inspector should have access to the body of water to find out if this Act is being complied with in relation to marine plants or fish habitat or a fishing activity; and
the place is a part of a direct reasonable route for gaining access to the body of water.
The warrant must state—
that an inspector may, with necessary and reasonable help and force—
enter, and from time to time re-enter, the place; and
exercise an inspector’s powers under this part; and
the purpose for which the warrant is sought; and
the hours of the day or night when the place may be entered; and
any conditions imposed by the magistrate; andExamples of conditions—
1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.
2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.
the date, within 2 months after the warrant’s issue, the warrant ends.
In this section—fishing activity means—
taking, possessing or using fisheries resources; or
possessing or using fishing apparatus or aquaculture furniture.
s 148B ins 2019 No. 6 s 12
This Act’s bill:Explanatory memorandum
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