Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
that, by reason of section 71(1), a notice would not have been required
to have been given where entry was required for the purpose of routine
inspection or routine maintenance, where the Minister or the Corporation
intends to exercise any of the powers conferred by this Part or
section 83 and the purpose of entry is to carry out works that may affect
the land, notice in writing of that intention shall, where practicable, be
given by the Minister or the Corporation to the owner or occupier of the land,
premises or thing to be affected not less than 48 hours before the power
is to be exercised, save where this Act or a relevant Act otherwise provides.
(2) Where the Minister
or the Corporation enters onto any land, premises, or thing without prior
notice, whether or not such notice was required under this or any other Act,
for the purpose of exercising any power of the Minister or the Corporation to
carry out works thereon then, wherever practicable, as soon as may be
thereafter notice in writing of the entry and of the works carried out, and of
any further intention of the Minister or the Corporation relating thereto,
shall be given to the owner or occupier of the land affected.
(3) Where the owner of
any unoccupied land, premises or thing is not within the State, or for any
other sufficient reason it is not possible to give to any person, body or
authority the notice required by this Act, then for the purposes of this Act
the notice shall be deemed to have been given if it has been affixed or
displayed on or over a conspicuous part of the land, premises or thing
concerned and left so affixed or displayed for at least 48 hours.
(4) The Minister or
the Corporation may without prior notice enter on any street under the control
of a local government or department and there exercise the powers conferred by
section 83, but, except where entry is effected pursuant to
section 73, notice pursuant to section 100 shall be given by the
Minister or the Corporation to the local government or department concerned
where that section applies.
(5) A notice served
pursuant to this Act for the purpose only of the exercise of the power of
entry shall not be taken to have effect as a notice in relation to the taking
of any land under Part 9 of the Land Administration Act 1997 .
(6) Where it is shown
to the satisfaction of a justice that entry on or into any land, premises or
thing is reasonably required by the Minister or the Corporation for the
purpose of the exercise of a power conferred by this Act or a relevant Act but
that entry has been refused or the entry is opposed or prevented, or in any
case where such land, premises or thing is unoccupied and access cannot be
obtained or a notice required by this Act or a relevant Act cannot be served
without undue delay or difficulty, the justice may, by warrant in the form
prescribed by regulations made under this Act, authorise an officer of the
Department, or the Corporation by its officers, together with such other
persons as are named in the warrant, or any police officer, to enter upon the
land, premises or thing, 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.
(7) Where in the
opinion of the Minister or the Corporation circumstances have arisen that may
occasion undue delay in effecting entry on or into any land, premises or thing
or in the carrying out of any works but the provisions of subsection (6)
are not appropriate to the circumstances, the Minister or the Corporation may
apply to the Supreme Court ex parte by notice of motion, notwithstanding that
no cause or matter between the parties is before the Court or that no previous
notice has been given to any party affected thereby, for the grant of an
injunction prohibiting the persons therein specified from opposing or
preventing the exercise by the Minister or the Corporation of the
Minister’s or the Corporation’s powers, or for an order directing
the Minister or the Corporation as to the exercise of powers conferred by this
Act or a relevant Act in the circumstances specified in that order, or for
both such an injunction and such an order.
[Section 72 inserted by No. 25 of 1985
s. 17; amended by No. 73 of 1995 s. 42; No. 14 of 1996
s. 4; No. 31 of 1997 s. 137(5); No. 38 of 2007 s. 116
and 135.]