ENVIRONMENT PROTECTION ACT 2019 - SECT 164 Entry of residential premises

ENVIRONMENT PROTECTION ACT 2019 - SECT 164

    (1)     The power to enter premises given by section 163 does not apply to residential premises unless:

        (a)     the entry is with the consent of the occupier obtained under subsection (2); or

        (b)     the entry is under a search warrant issued under section 170.

    (2)     An environmental officer seeking an occupier's consent to enter residential premises must:

        (a)     show the officer's identity card to the occupier; and

        (b)     give the occupier the reasons why the entry is sought; and

        (c)     inform the occupier that the occupier may refuse to give consent.

    (3)     An environmental officer is not entitled to remain on residential premises if the environmental officer does not show the officer's identity card to an occupier of those premises.

    (4)     Having entered residential premises, an environmental officer may remain on the premises for as long as is reasonably necessary to enable the officer to perform the officer's functions.

    (5)     This section does not affect any powers a police officer may exercise under another law of the Territory.