ENVIRONMENT PROTECTION ACT 1997 - SECT 103 Consent to entry

ENVIRONMENT PROTECTION ACT 1997 - SECT 103

    (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.