Western Australian Current Acts Western Australian Current Acts (1) In this section
—
occupier , of land, includes any person who
appears to have the control or management of the land;
other land means land beyond the boundaries of
works land and includes, in relation to work that comprises placing a
protection structure into or onto land other than the land on which the main
work is done or is to be done, that other land.
(2) A person
responsible for work must ensure that in doing the work or conducting a survey
in relation to that work a person does not go onto other land —
(a)
unless the access is consented to by an owner or adult occupier of the land
and the access is in accordance with the consent; or
(b)
unless the access is in accordance with an order under section 86(2)(e) or
(f); or
(c)
unless as a matter of urgency it is necessary to go onto the land to prevent
imminent collapse of, or damage to, any land including a building or structure
on the land; or
(d)
unless the other land is vacant land, or any building on that land is vacant;
or
(e)
except in prescribed circumstances.
Penalty: a fine of $10 000.
(3) A person
responsible for work must ensure that, as soon as practicable after a person
goes onto other land under subsection (2)(c), notice of the access and the
reason for it is given to each owner of the other land.
Penalty: a fine of $5 000.
(4) A person
responsible for work must ensure that —
(a) each
owner of the other land; and
(b) at
least one adult occupier of the other land, if the other land is not occupied
by any of its owners,
is given reasonable
notice of each 24 hour period during which the land is intended to be accessed
by consent or under an order under section 86(2)(e) or (f).
Penalty: a fine of $5 000.
(5) A person
responsible for work must ensure that in doing the work or conducting a survey
in relation to that work a person does not go onto other land that may be
accessed by consent or under an order under section 86(2)(e) or (f) unless
—
(a) the
access is at the times consented to by an owner or adult occupier of the land;
or
(b) the
access is at the times specified in an order under section 86(2)(e) or (f); or
(c) if
neither paragraph (a) or (b) applies, the access is during the hours of 8.00
a.m. and 6.00 p.m..
Penalty: a fine of $5 000.
(6) A person who is
entitled to go onto land under an order under section 86(2)(e) or (f) but who
is obstructed or otherwise prevented from going onto the land must not go onto
the land unless the person does so in accordance with the directions of a
police officer in enforcing the order.
Penalty: a fine of $5 000.
(7) A person who is
entitled to go onto land under an order under section 86(2)(e) or (f) may
remove furniture and fittings that would otherwise impede the work or the
survey.
(8) Nothing in
subsection (2)(d), or a regulation prescribing a matter for the purposes of
subsection (2)(e), affects the exercise and enforcement of any right that a
person has to stop, restrict or prevent a person going on to the other land.
[Section 81 amended: No. 37 of 2012 s. 22.]