Document ID: chunk:federal_register_of_legislation:C2016C00961:section:10
Version: federal_register_of_legislation:C2016C00961
Segment Type: section
Provision Reference: s 10
Character Range: 14427–15989

10  Warrants
 (1) Where application is made by the Executive to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:
 (a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the Executive entering upon, and occupying, the land and doing on the land so occupied an act specified in subsection 9(2); and
 (b) that the doing of that act on the land is reasonably necessary for the purposes of this Act;
grant a warrant authorizing the Executive to enter upon, and occupy, the land and do that act on land so occupied.
 (2) Where application is made by an authorized person to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:
 (a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the authorized person entering upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under section 8; and
 (b) that entry upon the land for that purpose is reasonably required for the purposes of this Act;
grant a warrant authorizing that authorized person to enter upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under that section.