Environmental Planning and Assessment Act 1979 No 203
Current version for 1 January 2015 to date (accessed 30 January 2015 at 11:25)
Part 6Division 2CSubdivision 2

Subdivision 2 Powers of entry and search of premises

122J   Powers of authorised officers to enter premises

(1)  An authorised officer may enter:
(a)  any premises at which the authorised officer reasonably suspects that any industrial, agricultural or commercial activities are being carried out—at any time during which those activities are being carried out there, and
(b)  any other premises—at any reasonable time.
(2)  A power to enter premises conferred by this Subdivision authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.
(3)  Entry may be effected under this Subdivision by an authorised officer with the aid of such authorised officers, police officers or other persons as the authorised officer considers necessary and with the use of reasonable force.
(4)  Entry may be effected to any premises with the authority of a search warrant under section 122M.

122K   Entry into residential premises only with permission or warrant

This Division does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 122M.

122L   Powers of authorised officers to do things at premises

(1)  An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Division, including (but not limited to) the things specified in subsection (2).
(2)  An authorised officer may do any of the following:
(a)  examine and inspect any works, plant or other article,
(b)  take and remove samples,
(c)  make such examinations, inquiries and tests as the authorised officer considers necessary,
(d)  take such photographs, films, audio, video and other recordings as the authorised officer considers necessary,
(e)  require records to be produced for inspection,
(f)  examine and inspect any records,
(g)  copy any records,
(h)  seize anything that the authorised officer has reasonable grounds for believing is connected with an offence against this Act or the regulations,
(i)  do any thing that a person authorised by a council is empowered to do under Division 1A,
(j)  do any other thing the authorised officer is empowered to do under this Division.
(3)  The power to seize anything connected with an offence includes a power to seize:
(a)  a thing with respect to which the offence has been committed, and
(b)  a thing that will afford evidence of the commission of the offence, and
(c)  a thing that was used for the purpose of committing the offence.

A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.

122M   Search warrants

(1) Application for search warrant
An authorised officer may apply to an issuing officer for the issue of a search warrant if the authorised officer believes on reasonable grounds that a provision of or made under this Act is being or has been contravened at any premises.
(2) Issue of search warrant
An issuing officer 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 named in the warrant:
(a)  to enter the premises, and
(b)  to exercise any function of an authorised officer under this Division.
(3) Application of Law Enforcement (Powers and Responsibilities) Act 2002
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:

issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.

122N   Assistance to be given to authorised officers

(1)  This section applies for the purpose of enabling an authorised officer to exercise any of the powers of an authorised officer under this Division in connection with any premises.
(2)  The Secretary may, by notice in writing given to the owner or occupier of the premises, require the owner or occupier to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner.
(3)  Assistance and facilities can be required under this section, whether they are of the same kind as, or a different kind from, any prescribed by the regulations.

122O   Care to be taken and compensation

(1)  In the exercise of a power of entering or searching premises under this Subdivision, the authorised officer must do as little damage as possible.
(2)  The State must compensate all interested parties for any damage caused by an authorised officer in exercising a power of entering premises (but not any damage caused by the exercise of any other power), unless the occupier obstructed or hindered the authorised officer in the exercise of the power of entry.
Top of page