Western Australian Current Acts Western Australian Current Acts (1) In this section
—
authorised purpose means any of the following
—
(a)
inspection purposes;
(b) the
conduct of measures, including planned burning, for the purpose of preventing,
managing or controlling fire;
(c) the
management of land in accordance with a management plan;
(d) the
carrying out of any other function of an enforcement officer in relation to
the land;
enforcement officer means —
(a) a
wildlife officer; or
(b) a
forest officer; or
(c) a
ranger; or
(d) a
conservation and land management officer;
inspection purposes means the purposes of —
(a)
investigating whether this Act is being or has been complied with; and
(b)
investigating whether the obligations of the holder of a permit, licence,
agreement or forest lease, under this Act are being or have been complied
with; and
(c)
obtaining evidence as to those matters;
occupied land means any land to which this Act
applies, section 8A land or section 8C land, being land that is used or
occupied —
(a)
under a permit, licence, agreement or forest lease, under this Act; or
(b)
under a mining tenement as defined in the Mining Act 1978 section 8(1); or
(c)
under a petroleum authorisation as defined in section 13E(1) or a licence
granted as referred to in section 13E(4) or renewed as referred to in
section 13E(3)(b).
(2) An enforcement
officer may, for an authorised purpose, at any time enter occupied land.
(3) Before an
enforcement officer enters land under this section, the officer must if
practicable give reasonable notice to the owner and occupier of the land of
the intention to do so.
(4) An enforcement
officer exercising a power of entry may do so with such vehicles, machinery
and equipment as the person considers to be necessary or expedient —
(a) for
the purpose of the entry; and
(b) for
any purpose for which the entry is made.
(5) An enforcement
officer may not, under this section, enter a residence or other premises
unless the occupier of the premises has consented to the entry.
(6) Nothing in this
section —
(a)
limits the powers conferred on an enforcement officer under another provision
of this Act or under the Biodiversity Conservation Act 2016 , the
Bush Fires Act 1954 or another written law; or
(b)
limits the powers of an enforcement officer who is a police officer.
[Section 121 inserted: No. 28 of 2015 s. 59;
amended: No. 24 of 2016 s. 304.]
[ 122, 123. Deleted: No. 20 of 1991 s. 48.]
[Heading deleted: No. 19 of 2010 s. 44(3).]