Western Australian Current Acts

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WATER AGENCIES (POWERS) ACT 1984 - SECT 70

70 .         Power of entry

        (1)         Except where otherwise specifically provided by this Act or a relevant Act, entry by or on behalf of the Minister onto any land, premises or thing shall not be lawful unless —

            (a)         the consent of the owner or occupier has been obtained; or

            (b)         due notice under this Act, a relevant Act, or Part 9 of the Land Administration Act 1997 has been served.

        (2)         Where due notice is served pursuant to subsection (1) the Minister may, unless the owner or occupier or a person authorised by the owner or occupier objects to the exercise of that power by the Minister, lawfully enter onto any land, premises or thing notwithstanding that the Minister has not obtained the consent of the owner or occupier.

        (3)         The exercise of a power of entry conferred by this Part shall not be taken to require the Minister to acquire any interest in any land unless —

            (a)         the Minister elects to acquire the interest by agreement; or

            (b)         the Minister elects to take an interest under and in accordance with Part 9 of the Land Administration Act 1997 , as read with this Act; or

            (c)         the Minister is required to acquire an interest pursuant to section 81(4) of this Act or section 176 of the Land Administration Act 1997 .

        (4)         A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates.

        [Section 70 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(3) and 142; No. 38 of 2007 s. 114 and 135; No. 25 of 2012 s. 87 and 109.]



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