Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 31

31 Entry with consent

(1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 30 (1) (a) .

(2) Before asking for the consent, the authorised officer must tell the occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(4) The acknowledgement must state—

(a) the occupier has been told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and

(d) the time and date the consent was given.

(5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(6) A court must find the occupier of a place did not consent to an authorised officer entering the place under this division if—

(a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30 (1) (a) ; and

(b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and

(c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.