Victorian Numbered Acts

WATER AMENDMENT (GOVERNANCE AND OTHER REFORMS) ACT 2012 (NO. 17 OF 2012) - SECT 55

After section 291D of the Water Act 1989 insert —

        " 291E     Entry with warrant

    (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.

    (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 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

        (b)     to enter with the assistance of a member of the police force or any other necessary assistance that the officer requires; and

        (c)     to enter with force if the entry is being made with the assistance of a member of the police force; 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.

        291F     Announcement before entry

    (1)     Before executing a search warrant issued under section 291E, the authorised water officer executing the warrant—

        (a)     must announce that he or she is authorised by the warrant to enter the land; and

        (b)     must give any person on the land an opportunity to allow entry to the land.

    (2)     The officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the land is required to ensure—

        (a)     the safety of any person; or

        (b)     that the effective execution of the warrant is not frustrated.

        291G     Details of warrant to be given to occupier

    (1)     If the occupier is present on land where a search warrant issued under section 291E is being executed, the authorised water officer must—

        (a)     identify himself or herself to the occupier; and

        (b)     give a copy of the warrant to the occupier.

    (2)     If the occupier is not present on land where a search warrant issued under section 291E is being executed but another person is present, the authorised water officer must—

        (a)     identify himself or herself to the person; and

        (b)     give a copy of the warrant to the person.

        291H     Seizure of things not named in the warrant

A search warrant issued under section 291E authorises the authorised water officer executing the warrant, in addition to seizing any thing under the warrant, to seize any thing if the authorised water officer believes, on reasonable grounds—
s. 55

        (a)     that the thing is of a kind that could have been included in or seized under the warrant and that will afford evidence about the commission of an offence against this Act, or any regulation or by-law made under this Act; and

        (b)     that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act, or any regulation or by-law made under this Act.".