PART 6CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES
Powers of entry
94Warrants authorising entry
1
A lay magistrate may by warrant authorise any person entitled to exercise a right of entry under section 93 to do so, if necessary using reasonable force, in accordance with the warrant.
2
A warrant may be granted under this section only if the lay magistrate is satisfied on a complaint on oath as to both of the following—
a
that there are reasonable grounds for the exercise of the right in relation to the land concerned,
b
that any of the following applies—
i
the conditions in subsection (3) are satisfied,
ii
the land is unoccupied,
iii
the case is one of urgency.
3
The conditions referred to in subsection (2)(b)(i) are—
a
that the person applying for the warrant has given notice under section 95(2)(a) of the person's intention to exercise the right,
b
that the notice period has expired,
c
that either—
i
permission to exercise the right in relation to the land has been refused, or
ii
such a refusal is reasonably expected.
4
For the purposes of subsection subsection (3)(c)(i), permission to exercise the right is to be regarded as having been refused if no reply is received within a reasonable period to a request to exercise the right.
5
A warrant granted under this section—
a
does not entitle a person to use force against an individual,
b
continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.