Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 152

152. (1) For the purposes of an Inquiry, an authorised person may enter any place—

        (a)     with the consent of the occupier; or

        (b)     pursuant to a warrant issued under section 153.

(2) Before seeking the consent of the occupier of a place for the purpose of subsection (1), an authorised person shall—

        (a)     if the authorised person is a panel member—produce written evidence of his or her appointment;

        (b)     if the authorised person is the assistant of a panel member—produce written evidence of his or her authority; and

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

(3) Where an authorised person obtains the consent of the occupier to enter a place under subsection (1), the authorised person shall ask the occupier to sign a written acknowledgment—

        (a)     that the occupier has been informed that he or she may refuse to so consent;

        (b)     that the occupier has consented; and

        (c)     of the day on which, and the time at which the occupier consented.

(4) Where it is material, in any proceedings, for a court to be satisfied that an occupier has consented to the entry of premises by an authorised person under subsection (1) and an acknowledgment in accordance with subsection (3) signed by the occupier is not produced in evidence, it shall be presumed that the occupier did not consent, but that presumption is rebuttable.