Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 267

Consent to entry

267. (1) Before seeking the consent of the occupier of a place for the purposes of section 266, an inspector shall inform the occupier that he or she may refuse to give that consent.

(2) If an inspector obtains the occupier's consent for those purposes, the inspector shall ask the occupier to sign a written acknowledgment—

        (a)     that the occupier has been informed that he or she may refuse to give consent, for the purposes of section 266, for the inspector to enter the place and to exercise any power under section 269;

        (b)     that the occupier has given the inspector that consent; and

        (c)     of the day on which, and the time at which, the consent was given.

(3) Where it is material, in any proceedings, for a court to be satisfied that an occupier has consented for the purposes of section 266 and an acknowledgment, in accordance with subsection (2), signed by the occupier, is not produced in evidence, it shall be presumed that the occupier did not consent, but that presumption is rebuttable.



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