Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An inspector or
authorised person may, at any time, by virtue of an without warrant than the
provisions of this Act enter upon land and into any premises on land, not
being a dwelling house or a hut, tent, caravan or other erection used as a
permanent residence, in order to —
(a) make
a search to ascertain —
(i)
whether declared plants or declared animals are in or
upon the land or premises and, if so, whether those declared plants or
declared animals are being controlled as required by this Act;
(ii)
whether the direction contained in a notice served under
Part V is being or has been complied with;
(iii)
whether there is any declared plant or prohibited
material in or upon the land or premises that has been introduced contrary to
this Act;
(iv)
whether there is any declared animal in or upon the land
or premises that has been introduced or is being kept contrary to this Act; or
(v)
whether any chemical is being or has been stored or used
upon the land or in the premises contrary to this Act;
(b)
patrol and inspect any fence on or bounding that land.
(2) If it appears to a
justice, on an application supported by evidence on oath or affirmation by an
inspector or authorised person, that there are reasonable grounds for
suspecting that there is in any of the premises excepted under
subsection (1) —
(a) any
declared plant or declared animal that is required by this Act to be
controlled;
(b) any
declared plant or prohibited material that has been introduced contrary to
this Act;
(c) any
declared animal that has been introduced or is being kept contrary to this
Act;
(d) any
chemical that is being stored or has been used contrary to this Act,
the justice may grant
a warrant authorising the inspector or authorised person to enter the premises
during such hours of the day or night as the warrant specifies or, if the
warrant so specifies, at any time, for the purpose of searching the premises
and taking such action in relation to any declared plant or declared animal or
chemical found in the premises as is prescribed.
(3) Where an inspector
or authorised person enters upon or searches the enclosed garden or curtilage
of a dwelling house the owner or occupier of that dwelling house may apply to
the Magistrates Court for a review of the exercise of that power on the
grounds there were no reasonable grounds for its exercise and the court shall
inquire into the matter and make its findings known to the applicant and the
Minister.
(4) An inspector or
authorised person who has entered and searched land or premises, or both,
under this section or under a warrant granted under this section shall draw up
and sign a report of the result of the entry and search and shall furnish that
report to the Protection Board.
(5) This section is in
addition to, and not in derogation of, any other provision of this
Act under which an inspector or authorised person is authorised to enter
land or premises for the purpose of exercising any power or performing any
duty or function.
(6) Where, under the
provisions of this Act or of a warrant granted under this Act, an
inspector or authorised person is authorised to enter land, or premises on
land, for any purpose —
(a) he
may, with or without assistants or contractors, enter and remain on that land
or in those premises for such period as is reasonable for carrying out that
purpose; and
(b) he
shall have for himself and those assistants or contractors such rights of
ingress, egress and regress into, over and across that land for that period
with such vehicles, instruments, appliances and materials as are reasonable
for carrying out that purpose.
[Section 84 amended by No. 22 of 1980
s. 6; No. 84 of 2004 s. 80.]