QLDIn ForceAct
Water Act 2000
sec.750Entry with consent
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### sec.750 Entry with consent
This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 749 (1) (a) .
Before asking for the consent, the authorised officer must tell the occupier—
the purpose of the entry; and
that the occupier is not required to consent.
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
The acknowledgement must state—
the occupier has been told—
the purpose of the entry; and
that the occupier is not required to consent; and
the purpose of the entry; and
the occupier gives the authorised officer consent to enter the place and exercise powers under this chapter; and
the time and date the consent was given.
If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
A court must find the occupier of a place did not consent to an authorised officer entering the place under this chapter if—
a matter arises in a proceeding before the court whether the occupier of the place consented to the entry under section 749 (1) (a) ; and
an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and
it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.
s 750 amd 2003 No. 25 s 118
(sec.750-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 749 (1) (a) .
(sec.750-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.
(sec.750-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(sec.750-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised officer consent to enter the place and exercise powers under this chapter; and the time and date the consent was given.
(sec.750-ssec.5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(sec.750-ssec.6) A court must find the occupier of a place did not consent to an authorised officer entering the place under this chapter if— a matter arises in a proceeding before the court whether the occupier of the place consented to the entry under section 749 (1) (a) ; and an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.
- (a) the purpose of the entry; and
- (b) that the occupier is not required to consent.
- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and
- (i) the purpose of the entry; and
- (ii) that the occupier is not required to consent; and
- (b) the purpose of the entry; and
- (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this chapter; and
- (d) the time and date the consent was given.
- (i) the purpose of the entry; and
- (ii) that the occupier is not required to consent; and
- (a) a matter arises in a proceeding before the court whether the occupier of the place consented to the entry under section 749 (1) (a) ; and
- (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and
- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.