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Environment Protection Act 1997
103Consent to entry
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103 Consent to entry
(1) Before obtaining the consent of a person for section 96 (1) (b), an
authorised officer must—
(a) produce the officer’s identity card; and
(b) inform the person that the person may refuse to give consent.
(2) If an authorised officer obtains the consent of a person for
section 96 (1) (b), the officer must ask the person to sign a written
acknowledgment of—
(a) the fact that the person has been informed that the person may
refuse to give consent; and
(b) the fact that the person has voluntarily given consent; and
(c) the day and time when the consent was given.
(3) An entry by an authorised officer because of a person’s consent is not
lawful unless the consent was voluntary.
(4) If—
(a) it is material, in any proceedings, for a court to be satisfied that
the consent of a person for section 96 (1) (b) was voluntary; and
(b) an acknowledgment, in accordance with subsection (2), signed
by the person is not produced in evidence;
the court must assume, unless the contrary intention is proved, that
the consent was not voluntary.