18/Jun/2004 - Current (at 31 Dec 2005)
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    14. Inspection of sprayed areas

    (1) The Director or a person authorised in writing by him so to do

    (a) may enter on land on which crops, trees, pastures or other growth or animal life has been reported to the Director or to that person to have been injuriously affected by aerial spraying and may carry out such inspections on the land as he thinks fit for the purpose of ascertaining whether, and to what extent, any such crops, trees, pastures, growth or animal life have or has been so affected;

    (b) may, at the request of any person who suspects that any crops, trees, pastures, or other growth, or animal life on his land or land under his control has or have been injuriously affected by aerial spraying or spray drift, enter on that land for the purpose of ascertaining whether, and to what extent, the crops, trees, pastures, growth or animal life have been so affected;

    (c) may enter and inspect any land in order to ascertain possible sources of spray drift; and

    (d) may, where the person authorised by the Director under this section, is authorised as the owner of an aircraft or his accredited representative or as the insurer of the owner or his accredited representative, after notifying the owner or occupier of the land, enter and inspect the land on which aerial spraying has been or is proposed to be carried out or any adjoining or neighbouring land, before, during or after any aerial spraying operations by that aircraft, to determine the location of crops susceptible thereto, the possible sources of spray drift or any suspected damage that may have resulted from aerial spraying.

    (2) Where a person authorised by the Director under subsection (1) enters on any land pursuant to paragraph (a) or (b) of that subsection that person shall make a written report to the Director of his findings in connection with the crops, trees, pastures or other growth or the animal life reported or suspected to have been injuriously affected by aerial spraying; and after making such other investigations as he considers necessary the Director shall make available to the owner of the aircraft concerned, the owner or occupier of such land and the insurer of the owner of the aircraft a statement as to whether in his opinion such growth or animal life has been seriously affected by aerial spraying.

    (3) A person who prevents, hinders, delays or obstructs the entry on or inspection of any land by the Director or a person authorised by the Director pursuant to subsection (1) is guilty of an offence against this Act.

    Penalty: $1 000.

    (4) Where a person alleges that crops, trees, pastures or other growth or animal life on his land or land under his control have been injuriously affected by spray drift or aerial spraying, he shall notify the Director in writing to that effect

    (a) within 14 days of observing the damage; and

    (b) at least 14 days or such lesser number of days as the Director in any particular case permits, before the crops are harvested or picked or before he destroys or causes to be destroyed the trees, pastures or other growth or animal life that he alleges have been so affected.

    (5) Where the Director receives a notice under and in accordance with subsection (4), he shall, as soon as he ascertains the name of the owner of the aircraft from which the aerial spraying operations that are alleged to have caused damage, were carried out, give to that owner a copy of the notice.

    (6) A person shall not, in a notice given pursuant to subsection (4), knowingly make any allegation that is false or misleading.

    [Section 14 amended by No. 31 of 1968 s. 8; No. 16 of 1978 s. 8; No. 20 of 1989 s. 3.]



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.