Environment Protection Act 1997

Before obtaining the consent of a person for section 96 (1) (b), an authorised officer must—

produce the officer’s identity card; and

inform the person that the person may refuse to give consent.

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—

the fact that the person has been informed that the person may refuse to give consent; and

the fact that the person has voluntarily given consent; and

the day and time when the consent was given.

An entry by an authorised officer because of a person’s consent is not lawful unless the consent was voluntary.

If—

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

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.