Western Australian Current Acts Western Australian Current Acts (1) When and as often
as the Director, Geological Survey or any other officer of the Department or
any person working in conjunction with that Department and acting under the
Director’s instructions considers it necessary to enter upon any land
for the purpose of making any aerial, geological, geophysical or geochemical
surveys of the land and drilling thereon in the course of his official duties
he may —
(a)
enter and re-enter on the land, with such assistants as he considers necessary
for the purpose of making the survey thereon; and
(b)
extract and remove from the land any geological specimens or samples that in
his opinion are necessary to the survey; and
(c)
affix to or set up on the land such pegs, marks, poles or other equipment as
may be required for the purposes of the survey; and
(d) do
all such things as he considers necessary for the purposes of the survey or
for any inspection or alteration of it.
(2) Before a person
enters on any land pursuant to this section, he shall if practicable, give
reasonable notice to the owner and occupier of the land of his intention to do
so, and shall, if required by the owner or occupier of the land, produce the
authority under which he claims to enter or to have entered the land.
(3) In relation to the
exercise of a power under this section —
(a) the
owner and occupier of the land are entitled to compensation according to their
respective interests, for any damage caused by a survey under this section;
and
(b) in
default of agreement as to the amount of compensation to be paid, the amount
shall be assessed and settled by the warden’s court under Part VII.
(4) A person who
—
(a)
wilfully obstructs, hinders, or interferes with any person lawfully engaged in
connection with a survey that is being made under this section; or
(b)
without lawful authority removes, destroys or alters the position of, any peg,
mark, pole or other equipment used for the purposes of any such survey; or
(c)
wilfully damages or destroys or otherwise interferes with any peg, mark, pole
or other equipment so used,
is guilty of an
offence against this Act.
[Section 115 amended: No. 100 of 1985 s. 84; No.
39 of 2004 s. 85.]