Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where it appears
to the Minister or the Corporation, an officer of the Department or the
Corporation or any other person who pursuant to section 3(3) is deemed to
be authorised to exercise a power of the Minister or the Corporation, that by
reason of —
(a)
actual or apprehended danger or health risk to any person or in relation to
any property;
(b) the
occurrence of injury, disease or damage attributable, or which might be
attributable, to any defect in, or any malfunction, misuse or improper use of,
the works of the Minister or the Corporation, any property sewer or any
fixture or fitting;
(c) an
urgent necessity to restore or provide water services to any place or person;
(d)
damage to, or interference with, water services generally; or
(e) any
other matter,
the circumstances are
such that an emergency situation exists which makes compliance with the normal
requirements of this Act or a relevant Act impractical or unreasonable, then,
while those circumstances subsist and for so long thereafter as is reasonably
required in relation thereto, the Minister or the Corporation or that person
may lawfully effect immediate entry on or into any land, premises or thing
necessary to deal with the emergency situation, and there exercise all such
powers as are by this Act or a relevant Act conferred on the Minister or the
Corporation or that person and are reasonably required to deal with that
situation, and may in so far as is necessary use reasonable force to effect
entry, without any requirement for notice or warrant and by force of this
subsection.
(2) Notwithstanding
that no notice is required under subsection (1), where it is practicable
so to do notice of an entry effected under subsection (1) shall be given
to all persons who are, or are the owners or occupiers of land which is,
likely to be affected.
(3) Any question as to
what is a necessary entry may be determined by the officer of the Department
or the Corporation or other person authorised by this section to effect or
direct the entry, and any question as to what powers are reasonably required
to deal with a situation to which subsection (1) refers may be determined
by the person responsible for the exercise of the power, and in any
proceedings arising therefrom such a determination shall be presumed, in the
absence of evidence to the contrary, to have been made in good faith.
(4) The Minister or
the Corporation or a person exercising powers pursuant to this section shall,
as soon as may be, remove anything left on the land, premises or thing entered
and shall make good any damage, or effect restoration, rehabilitation or
restitution and section 62 has effect as though a reference in that
section to the Minister or the Corporation included a reference to a person
exercising powers pursuant to this section.
[Section 73 inserted by No. 25 of 1985
s. 17; amended by No. 73 of 1995 s. 32 and 42; No. 38 of
2007 s. 117 and 135.]
[Heading inserted by No. 25 of 1985
s. 18; amended by No. 73 of 1995 s. 33.]