Victorian Current Acts Victorian Current Acts(1) An authorised water officer, who is an officer of an Authority, may apply to a magistrate for the issue of a search warrant in relation to land used primarily for residential purposes if he or she believes on reasonable grounds that it is necessary for the purpose of inspecting any works, or making any test on the land, to find out whether there is evidence that this Act, or any regulation or any by-law of the Authority is not being complied with.
S. 291E(2) amended by No. 6/2018 s. 68(Sch. 2 item 137).
(2) The magistrate may issue a search warrant in accordance with the Magistrates' Court Act 1989 if the magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised water officer, that it is necessary to issue the warrant for the purpose of inspecting any works, or making any test on the land, to find out whether there is evidence that this Act, or any regulation or any by-law of the Authority is not being complied with.
(3) A search warrant issued under this section authorises the authorised water officer named in the warrant—
(a) to enter the land named in the warrant, on one occasion and, if necessary, on one subsequent occasion; and
S. 291E(3)(b) amended by No. 37/2014 s. 10(Sch. item 182.2(a)).
(b) to enter with the assistance of a police officer or any other necessary assistance that the authorised water officer requires; and
S. 291E(3)(c) amended by No. 37/2014 s. 10(Sch. item 182.2(b)).
(c) to enter with force if the entry is being made with the assistance of a police officer; and
(d) to inspect any works, or make any test on the land that is specified in the warrant and to seize any evidence that this Act, or any regulation or any by‑law of the Authority is not being complied with that is found during the course of inspecting the works or conducting the test; and
(e) to take any action necessary to collect the evidence of an offence found during the course of inspecting the works or making the test including the following—
(i) observing the condition of the land;
(ii) taking photographs or measurements on the land;
(iii) making recordings on the land;
(iv) taking samples of water, soil or other substances found on the land.
(4) When acting under a search warrant issued under this section, the authorised water officer named in the warrant may use any necessary equipment.
(5) A search warrant issued under this section must state—
(a) the name of the authorised water officer to whom the warrant is issued; and
(b) particulars of the alleged offence in respect of which the warrant has been issued; and
(c) the land to which the warrant relates; and
(d) any conditions to which the warrant is subject; and
(e) whether any entry under the warrant is authorised to be made at any time of the day or night or only during the hours specified in the warrant; and
(f) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(6) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to search warrants issued under this section.
(7) Despite subsection (6) and anything in the Magistrates' Court Act 1989 , a search warrant under this section does not authorise an authorised water officer to arrest a person.
S. 291F inserted by No. 17/2012 s. 55.