South Australian Consolidated Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1984 - SECT 23

23—Access to premises

        (1)         An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 24.

        (2)         Where an inspector has reason to believe that there is on premises—

            (a)         any matter or thing that is to be dumped into the sea or incinerated at sea; or

            (b)         any matter or thing that may afford evidence as to the commission of an offence against this Act,

the inspector may apply to a Justice of the Peace for a warrant authorising the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 24.

        (3)         If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath—

            (a)         that there is reasonable ground for believing that there is on the premises to which the application relates—

                  (i)         any matter or thing that is to be dumped into the sea or incinerated at sea; or

                  (ii)         any matter or thing that may afford evidence as to the commission of an offence against this Act; and

            (b)         that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorising the inspector, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 24.

        (4)         Where an inspector has entered any premises in pursuance of this section, he may exercise the functions of an inspector in accordance with section 24.