New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 199

199 Search warrants

(1) Application for search warrant An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that:

(a) a provision of this Act or the regulations is being or has been contravened at any premises, or

(b) there is in or on any premises matter or a thing that is connected with an offence under this Act or the regulations.

(2) Issue of search warrant An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Act named in the warrant:

(a) to enter the premises, and

(b) to exercise any function of an authorised officer under this Part.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) Definition In this section:
"matter or a thing" connected with an offence means:

(a) matter or a thing with respect to which the offence has been committed, or

(b) matter or a thing that will afford evidence of the commission of an offence, or

(c) matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.

"offence" includes an offence that there are reasonable grounds for believing has been, or is to be, committed.

Note: "premises" is defined in the Dictionary.