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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 280
Powers of entry by police by warrant
280 Powers of entry by police by warrant
(1) Complaint for and issue of warrant On complaint being made by a police
officer to a Magistrate that-- (a) the police officer has been denied entry to
any specified premises, and
(b) the police officer believes that-- (i)
offensive noise is being emitted from the premises or offensive noise has,
within the past 7 days, been emitted from the premises, and
(ii) it is
necessary for a police officer to enter the premises immediately in order to
give a noise abatement direction in relation to offensive noise emitted from
the premises or to investigate whether a noise abatement direction has been
contravened,
the Magistrate may, if satisfied that there are reasonable
grounds for that belief, by warrant, authorise and require the police officer
to enter the premises and to give a noise abatement direction or investigate
whether a noise abatement direction has been contravened.
(2) Manner of
making complaint The complaint may be made by a police officer to the
Magistrate in person or by telephone and may be made directly to the
Magistrate or, where in all the circumstances it is impracticable to make the
complaint directly, by causing the complaint to be transmitted by another
police officer by either of those means.
(3) Indirect complaint The fact that
the complaint is made to the Magistrate by a police officer who causes the
complaint to be transmitted by another police officer to the Magistrate does
not, if the Magistrate is of the opinion that it is in all the circumstances
impracticable to communicate directly with the police officer making the
complaint, prevent the Magistrate being satisfied as to the matters specified
in subsection (1).
(4) How warrant granted The Magistrate grants the warrant
by stating the terms of the warrant.
(5) Magistrate to make record The
Magistrate who grants the warrant is required to cause a record to be made in
writing in the prescribed form of-- (a) the name of the police officer who was
the complainant, and
(b) where the complaint was transmitted by a police
officer on behalf of the complainant--the name of the police officer who
transmitted the complaint, and
(c) the details of the complaint, including
the name of any person who is alleged to have informed the police as to the
offensive noise the subject of the warrant and the grounds relied on by the
Magistrate to grant the warrant, and
(d) the terms of the warrant (which must
include the address of the premises the subject of the warrant), and
(e) the
date and time the warrant was granted.
(6) Execution of warrant The warrant
is to be executed as soon as practicable after it is granted, but not later
than 24 hours after it is granted, and may be executed by day or night.
(7)
Use of reasonable force A police officer may use reasonable force (whether by
breaking open doors or otherwise) for the purpose of entering premises in
executing the warrant.
(8) Use of assistants A police officer may execute the
warrant with the aid of such assistants as the police officer considers
appropriate.
(9) Warrant not invalidated by minor defects The warrant is not
invalidated by any defect, other than a defect that affects the substance of
the warrant in a material particular.
(10) Police officer to make record The
police officer who was the complainant is required to make a record in
triplicate in the prescribed form containing the following particulars-- (a)
the address of the premises the subject of the warrant,
(b) the name of the
Magistrate who granted the warrant,
(c) the name of the police officer,
(d)
the time at which the warrant was granted.
(11) How police record to be dealt
with The copies of the record made under subsection (10) are to be dealt with
as follows-- (a) the first copy is, on entry to the premises the subject of
the warrant or as soon as practicable afterwards, if a person who appears to
reside at the premises and to be of or above the age of 18 years is present,
to be furnished to such a person together with a statement in the prescribed
form and containing a summary of the nature of the warrant and the powers
given by the warrant,
(b) the second and third copies are to be endorsed
with-- (i) the name of the person (if any) who informed the police as to the
offensive noise the subject of the warrant, and
(ii) a notation as to whether
any premises were entered under the warrant and, if so, the time of entry and
the action taken at the premises,
(c) the second copy is to be forwarded to
the Director-General of the Attorney General's Department or any other officer
designated by that Director-General,
(d) the third copy is to be retained by
the police officer authorised to enter the premises under the warrant, to be
dealt with in such manner as may be prescribed by the regulations.
(12)
Definitions In this section--
"Magistrate" includes any other person who is an
"authorised officer" within the meaning of the Law Enforcement (Powers and
Responsibilities) Act 2002 .
"telephone" includes a radio or another communication device.
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