80Entry with consent

80 Entry with consent

(1) If an authorised officer believes on reasonable grounds that any provision of the Act or the regulations has not been or is not being complied with in respect of land, the authorised officer may, at a reasonable time, enter and search the land with the consent of the occupier of the land.

(2) An authorised officer who enters land under this section may do all or any of the following—

S. 80(2)(ba) inserted by No. 35/2009 s. 11(1), amended by No. 48/2010 s. 9.

S. 80(2)(c) substituted by No. 67/2006 s. 15.

(c) without payment, take, or require the occupier of the land to give, samples of any of the following—

(iii) soil, sand, gravel or stone;

(iv) fodder or grain.

(3) An authorised officer must not enter and search any land under this section unless, before the occupier consents to that entry, the authorised officer has informed the occupier—

(a) of the purpose of the search; and

(b) that the occupier may refuse to give consent to the entry and search; and

(c) that the occupier may refuse to consent to the taking of or the requirement to give any sample of soil, stone or similar material or goods from the land during the search; and

(d) that the occupier may refuse to allow an examination of goods or vehicles on the land during the search; and

(e) that the occupier may refuse to answer questions during the search; and

S. 80(3)(ea) inserted by No. 35/2009 s. 11(2).

(ea) that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and

(f) that any sample of a thing taken or required to be given during the search with the consent of the occupier may be used in evidence in proceedings.

(4) If an occupier consents to the taking of or the requirement to give any thing during a search under this section, the authorised officer must before taking or requiring the giving of the thing ask the occupier to sign an acknowledgment stating—

(a) that the occupier has consented to the taking of or requirement to give the thing; and

(b) the date and time that the occupier consented.

(5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the land.

S. 80A inserted by No. 51/2013 s. 16.