14. Power of entry

    (1) In this section a reference to a power of entry on to land includes a reference to any other power sought to be exercised under this Act while upon the land.

    (2) Where notice in accordance with subsection (3) has been given to the owner or occupier of that land within such time before the entry as is in the circumstances reasonably practicable an authorised person may for the purposes of this Act lawfully enter on to any land notwithstanding that the consent of the owner or occupier has not been obtained.

    (3) A notice required by subsection (2) in relation to an entry on to land shall be in writing specifying with particularity the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates.

    (4) Where it is shown to the satisfaction of a justice that entry on to any land is reasonably required for a purpose contemplated by this Act but that entry has been refused or is opposed or prevented, or in any case where such land is apparently unoccupied and the obtaining of consent or the giving of a notice required by subsection (2) would occasion undue delay or difficulty, the justice may, by warrant in the prescribed form, authorise an authorised person, together with any other persons named in the warrant, to enter upon the land, using such force as may be necessary, for the purpose specified in the warrant, and any such warrant shall continue to have effect until the purpose for which it was granted has been satisfied.

    (5) Where an authorised person has reason to suspect that an offence against this Act is being, or is about to be, committed on any land and the circumstances are such that immediate intervention is appropriate and compliance with the normal requirements of this section is impractical or unreasonable, the authorised person may, without notice or warrant and by force of this subsection, lawfully effect immediate entry onto or into any land to intervene in the commission of the offence and endeavour to ensure compliance with the provisions of this Act.

    (6) A person exercising in respect of land a power of entry under this section shall conform as far as is practicable to such reasonable requirements of the owner or occupier of the land as are necessary to prevent the lawful use of the land being obstructed.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.