Western Australian Consolidated Acts

SOIL AND LAND CONSERVATION ACT 1945 - SECT 21

21 .         Power of entry

        (1)         The Commissioner or any officer or employee may, in the exercise or performance of any power, authority, duty or function conferred or imposed upon him by or under this Act, enter any land and make such surveys, place such marks and carry out such investigations thereon (including the taking of specimens of soil) as he may deem necessary. It shall be the duty of the Commissioner or officer or employee to make such survey, place such marks, or carry out such investigations only after at least 7 days’ notice in writing has been given to the owner of such land or the actual occupier of the land at the time and with the minimum of interference with the lawful activities upon the land which are being carried on by such owner or occupier.

        (1a)         Notwithstanding subsection (1) the notice referred to in that subsection —

            (a)         may be of less than 7 days; or

            (b)         may be given otherwise than in writing,

                or both, so long as the notice is reasonable in the circumstances.

        (2)         Where the exercise or performance of any power, authority, duty or function, conferred or imposed upon the Commissioner or any officer or employee by or under this Act requires the making of an entry upon any land by the Commissioner or by any officer or employee, the Commissioner or such officer or employee shall be furnished with an authority card in the prescribed form.

        (3)         Any such authority card may be general or may be limited to specified land or to land in any specified part of the State.

        (4)         Production of any such authority card shall be evidence of the authority of the bearer thereof to enter any land to which such authority card relates, and to make surveys, place marks and carry out investigations thereon.

        (5)         Any person who —

            (a)         obstructs or hinders the Commissioner or any officer or employee from making any survey, placing any mark, or carrying out any investigation authorised by this section; or

            (b)         removes or interferes with any mark placed on land under the authority of this section,

                shall be guilty of an offence.

        Penalty — $1 000.

        [Section 21 amended by No. 113 of 1965 s. 8; No. 42 of 1982 s. 22; No. 20 of 1989 s. 3.]