Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where in this
section a power to enter upon land is conferred it shall, where appropriate,
include the power to conduct tests on, and take samples from, the land for the
purposes of this Part.
(2) Where due notice
has been served upon the owner or occupier of that land the Minister may for
the purposes of this Part lawfully enter on to any land notwithstanding that
the consent of the owner or occupier has not been obtained, but except as is
otherwise provided in this Part such an entry shall not be lawful unless
notice has been served or such consent has been obtained.
(3) A notice required
by this Part to be given in relation to an entry shall specify the purposes
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 of the Peace that entry on or into any land
is reasonably required for a purpose contemplated by this Part but that entry
has been refused or is opposed or prevented, or in any case where such land is
unoccupied and consent cannot be obtained or a notice required by this Part
cannot be served without undue delay or difficulty, the Justice may, by
warrant in the prescribed form, authorise any officer of the Department, and
other persons authorised by the Minister, to enter upon the land, using such
force as may be necessary, for the purpose therein specified and any such
warrant shall continue to have effect until the purpose for which it was
granted has been satisfied.
(5) Where it appears
to the Minister, an officer of the Department or a person authorised by the
Minister for the purposes of this subsection, that an offence against this
Part 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 Part is impractical or unreasonable, the Minister,
officer or person so authorised may, without any requirement for a notice or
warrant and by force of this subsection, lawfully effect immediate entry on or
into any land to intervene in the commission of the offence and endeavour to
ensure compliance with the provisions of this Part.
(6) A person
exercising in respect of land a power of entry under this section or
section 12BD shall conform so 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.
[Section 12ED inserted by No. 75 of 1980
s. 7; amended by No. 25 of 1985 s. 96; No. 110 of 1985
s. 39; No. 73 of 1995 s. 62; No. 38 of 2007 s. 13.]