Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 153

153. (1) Where a panel member believes on reasonable grounds that it is necessary, for the purposes of the Inquiry, for an authorised person to enter and inspect any place and to search for and inspect any thing or any kind of thing, within the next following 28 days the member may—

        (a)     lay before a magistrate an information on oath setting out those grounds; and

        (b)     apply for the issue of a warrant to search the place for such a thing or things, and to inspect it or them.

(2) On application under subsection (1), the magistrate may issue a warrant authorising the authorised person named in the warrant, with such assistance and by such force as is necessary and reasonable—

        (a)     to enter the place;

        (b)     to search for any specified thing or any thing of a specified kind; and

        (c)     to inspect any such thing.

(3) A magistrate shall not issue a warrant unless—

        (a)     the applicant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(4) A warrant shall—

        (a)     specify the Inquiry in relation to which the entry, search and inspection are authorised;

        (b)     state the purpose for which it is issued;

        (c)     specify particular hours during which the entry is authorised, or state that the entry is authorised at any time of the day or night;

        (d)     include a description of the things, or kinds of things, in relation to which any power under section 154 may be exercised; and

        (e)     specify a date not later than 28 days after the date of issue of the warrant on which the warrant ceases to have effect.