Western Australian Current Acts Western Australian Current Acts (1) If a person
authorised by a licensee for the purposes of this subsection is satisfied that
—
(a) a
dangerous situation exists; and
(b) the
dangerous situation relates to the water service works of the licensee; and
(c)
urgent action is needed in order to assess, reduce, eliminate or avert a risk
to persons, property or the environment,
the authorised person
may take that action or authorise other persons to take that action on his or
her behalf.
(2) An authorised
person (including a person authorised by such a person under subsection (1))
may —
(a)
enter a place, without consent, notice or warrant; and
(b)
prevent persons other than those permitted by the authorised person from
entering the area where the dangerous situation exists; and
(c)
direct a person to leave or not to enter the area where the dangerous
situation exists; and
(d) take
any other action that is necessary and incidental.
(3) A person who does
not comply with a direction given under subsection (2)(c) commits an offence.
Penalty: a fine of $7 500.
(4) Even though notice
of entry is not required under subsection (2)(a), notice of an entry must be
given if practicable to the occupier (or the owner in the absence of an
occupier) of any place affected.
(5) In subsection (4)
—
occupier , of a place, includes any person who
appears to have the control or management of the place.
(6) In any proceedings
relating to an entry made or an action taken under this section, the entry or
action or both are to be presumed to have been necessary and reasonable unless
there is evidence that the entry or action was not made or taken in good
faith.