Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except where
otherwise specifically provided by this Act or a relevant Act, entry by or on
behalf of the Minister or the Corporation onto any land, premises or thing
shall not be lawful unless —
(a) the
consent of the owner or occupier has been obtained; or
(b) due
notice under this Act, a relevant Act, or Part 9 of the
Land Administration Act 1997 has been served.
(2) Where due notice
is served pursuant to subsection (1) the Minister or a person authorised
by the Corporation may, unless the owner or occupier or a person authorised by
the owner or occupier objects to the exercise of that power by the Minister or
the Corporation, lawfully enter onto any land, premises or thing
notwithstanding that the Minister or the Corporation has not obtained the
consent of the owner or occupier.
(3) The exercise of a
power of entry conferred by this Part shall not be taken to require the
Minister or the Corporation to acquire any interest in any land
unless —
(a) the
Minister or the Corporation elects to acquire the interest by agreement;
(b) the
Minister or the Corporation elects to take an interest under and in accordance
with Part 9 of the Land Administration Act 1997 , as read with this
Act; or
(c) the
Minister or the Corporation is required to acquire an interest pursuant to
section 81(4) of this Act or section 176 of the Land Administration
Act 1997 .
(4) A notice required
by this Act to be given in relation to any entry shall specify 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.
[Section 70 inserted by No. 25 of 1985
s. 17; amended by No. 73 of 1995 s. 42; No. 31 of 1997
s. 137(3) and 142; No. 38 of 2007 s. 114 and 135.]