Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 89A

89A .         Use of assistance and force

        (1)         An inspector may use assistance and force that is reasonably necessary in the circumstances when exercising a power under section 89 but cannot use force against a person.

        (2)         If the use of reasonable force is likely to cause significant damage to property, the inspector is not entitled to use force without the prior authority of the CEO in the particular case.

        (3)         An inspector may request a police officer or other person to assist the inspector in exercising a power under this Part, and that person may assist the inspector in the exercise of the power.

        (4)         A person while assisting an inspector at the request of the inspector and in accordance with this Act —

            (a)         has the same powers as are conferred on an inspector under this Part; and

            (b)         is subject to the same responsibilities as an inspector under this Part but is not required to give notice under section 89(4); and

            (c)         has the same protection from liability as an inspector.

        (5)         Nothing in this section derogates from the powers of a police officer.

        [Section 89A inserted: No. 40 of 2020 s. 73.]



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