Commonwealth Numbered Acts

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1975 No. 36 of 1975 - SECT 4

4. Section 24 of the Principal Act is repealed and the following section
substituted:- Power to enter on land, &c.
''24. (1) A Commissioner, or a person acting with the authority of a
Commissioner, may, with the consent of the occupier of any land, building or
place, enter the land, building or place for the purposes of an inquiry under
this Act.

''(2) Where a Commissioner has reason to believe that it is necessary or
desirable for the purposes of an inquiry under this Act for him, or a person
authorized by him, to enter any land, building or place, the Commissioner may
make application to a Justice of the Peace for a warrant authorizing the
Commissioner or that person to enter the land, building or place for the
purposes of the inquiry.

''(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied by information on oath or affirmation that the issue of the warrant
is reasonably required for the purposes of this Act, the Justice of the Peace
may grant a warrant authorizing the Commissioner, or that person, with such
assistance as he thinks necessary, to enter the land, building or place for
the purposes of the inquiry.

''(4) A warrant under sub-section (3) shall specify a date after which the
warrant ceases to have effect.

''(5) Where a Commissioner, or a person acting with the authority of a
Commissioner, enters any land, building or place in pursuance of sub-section
(1) or of a warrant granted under sub-section (3) for the purposes of an
inquiry under this Act, he may-

   (a)  inspect the land, building or place; and

   (b)  inspect any material on the land, or on or in the building or place.

''(6) A person shall not, without reasonable excuse, obstruct or hinder a
Commissioner, or a person authorized by a Commissioner, acting in pursuance of
a warrant granted under sub-section (3) or in pursuance of sub-section (5).

Penalty: $200.

''(7) In this section, 'occupier', in relation to land, a building or a place,
includes the person in charge of the land, building or place, as the case may
be.''.
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