Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section a
reference to a power of entry on to land includes a reference to any other
power sought to be exercised under this Act while upon the land.
(2) Where notice in
accordance with subsection (3) has been given to the owner or occupier of
that land within such time before the entry as is in the circumstances
reasonably practicable an authorised person may for the purposes of this Act
lawfully enter on to any land notwithstanding that the consent of the owner or
occupier has not been obtained.
(3) A notice required
by subsection (2) in relation to an entry on to land shall be in writing
specifying with particularity the purpose for which entry is required and
shall continue to have effect for so long as that requirement subsists, and
successive entries for that purpose shall be taken to be entries to which the
notice relates.
(4) Where it is shown
to the satisfaction of a justice that entry on to any land is reasonably
required for a purpose contemplated by this Act but that entry has been
refused or is opposed or prevented, or in any case where such land is
apparently unoccupied and the obtaining of consent or the giving of a notice
required by subsection (2) would occasion undue delay or difficulty, the
justice may, by warrant in the prescribed form, authorise an authorised
person, together with any other persons named in the warrant, to enter upon
the land, using such force as may be necessary, for the purpose specified in
the warrant, and any such warrant shall continue to have effect until the
purpose for which it was granted has been satisfied.
(5) Where an
authorised person has reason to suspect that an offence against this Act is
being, or is about to be, committed on any land and the circumstances are such
that immediate intervention is appropriate and compliance with the normal
requirements of this section is impractical or unreasonable, the authorised
person may, without notice or warrant and by force of this subsection,
lawfully effect immediate entry onto or into any land to intervene in the
commission of the offence and endeavour to ensure compliance with the
provisions of this Act.
(6) A person
exercising in respect of land a power of entry under this section shall
conform as far as is practicable to such reasonable requirements of the owner
or occupier of the land as are necessary to prevent the lawful use of the land
being obstructed.