New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 280

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.