Western Australian Current Acts

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SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 - SECT 103

103 .         Entry to land etc. to ensure compliance with notice, powers as to

        (1)         A person taking action on behalf of the CEO under this section, may enter on any land in respect of which the CEO is authorised to take action under section 102(1) and on that land may take such action as the CEO considers necessary to ensure that the requirements of the relevant river protection notice are complied with.

        (2)         Before exercising a power of entry under subsection (1) in respect of any land which is occupied by a person or persons the CEO must give not less than 14 days written notice to the occupier specifying —

            (a)         that a requirement of a river protection notice, described in or attached to the notice referred to in this subsection, has not been complied with and the CEO must take action to ensure that the requirements of the notice are complied with; and

            (b)         the part of the land on which entry is to be made; and

            (c)         the actions proposed to be taken on that part of that land to comply with the requirements of the notice.

        (3)         An inspector may assist the CEO to take any action under this section if the CEO so requests.

        (4)         If action is taken under subsection (1), the CEO may recover the reasonable costs incurred in taking the action, and interest at the prescribed rate, from a person on whom the river protection notice is binding, by action in a court of competent jurisdiction as a debt due to the State.

        [Section 103 amended: No. 6 of 2015 s. 51 and 53.]



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