Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
An inspector may with such assistance as he may require
enter —
(a) at
any time any premises used as a factory or any premises in which an industry,
trade or process is being carried on; or
(aa) at
any time, any site classified as contaminated — remediation
required under the Contaminated Sites Act 2003 ; or
(b) at
any time, premises at or from which the inspector has reasonable grounds to
believe that an offence against this Act has been, is being or is likely to be
committed; or
(c) at
any reasonable time, any other premises,
and may therein or
thereon do any act or thing, including the collection and removal of
samples, which in the opinion of the inspector is necessary to be done
for —
(d) the
prescribing of any matter under this Act or for the preparation of a draft
policy; or
(e) the
assessment of a proposal or scheme and the preparation of a report thereon; or
(f)
determining whether or not there has been compliance with or contravention
of —
(i)
any requirement made by or under this Act; or
(ii)
any conditions agreed or decided under Part IV, any
clearing permit, works approval or licence or condition specified therein or
any requirement contained in a closure notice, environmental protection
notice, vegetation conservation notice, prevention notice, exemption given
under section 75(1) or any condition specified in that exemption or any
other requirement, by whatever name called, made by or under this Act.
(2) Despite
subsection (1), an inspector is not entitled to enter a private
dwelling-house or on land used in connection with a private dwelling-house
unless the inspector —
(a)
reasonably believes that waste is being, or has recently been, discharged from
that house or land into the environment; or
(aa)
reasonably believes that the house or land is contaminated; or
(b)
finds that unreasonable noise is being, or believes that unreasonable
noise has recently been, emitted from the house or land into the environment;
or
(c)
reasonably believes that the house or land has been adversely affected by an
emission.
(3) Without limiting
the generality of subsection (1), an inspector may with such assistance
as he may require enter on any land and drill boreholes for the purpose of
taking and removing samples of rock, soil or water and making geological
studies —
(a) to
assess the effect of a proposed discharge of waste; or
(b) to
monitor the effect of a discharge of waste; or
(c) if
the inspector believes on reasonable grounds that the land or water is
contaminated, to investigate whether contamination is present or to monitor or
assess any contamination that is present,
and to do all such
acts and things as may be necessary therefor or in relation thereto.
(4) Before exercising
in relation to any land which —
(a) is
occupied by a person or persons; or
(b) if
it is not occupied by a person or persons, has been alienated from the Crown
for any estate of freehold,
the power of entry
conferred on him by subsection (3), an inspector shall not less than
14 days before the proposed exercise of that power give notice to the
occupier of that land or, if there is no such occupier, to any person who
appears to be the owner of that land specifying —
(c) the
part of that land on which entry is to be made; and
(d) the
work proposed to be carried out on the part referred to in paragraph (c);
and
(e) the
name and, in the case of a person who is not self-employed, the employer of
every person who is to enter on that land to carry out the work referred to in
paragraph (d).
[Section 89 amended by No. 23 of 1996
s. 21; No. 14 of 1998 s. 10 and 32; No. 54 of 2003
s. 22 and 57; No. 60 of 2003 s. 100 (as amended by No. 40 of
2005 s. 13(4) and (5)).]