Western Australian Current Acts Western Australian Current Acts (1) Any person
employed or engaged by the Commission to assist a producers’ committee
with responsibility for administering a fruit fly control scheme may, when
authorised by the producers’ committee, enter any orchard within the
specified area to bait or spray all or any of the fruit trees and fruit vines
in the manner and with the materials determined by the producers’
committee or carry out any other control measures determined by the
producers’ committee.
(2) A person must not
enter an orchard under subsection (1) unless —
(a) the
person has taken reasonable steps to give the owner or occupier of the orchard
notice of the intended entry; or
(b) the
owner or occupier of the orchard consents to the entry.
(3) The notice must
specify the purpose for which the entry is required and successive entries for
that purpose are to be regarded as entries to which the notice relates.
(4) The notice must be
given not less than 24 hours before the power of entry is exercised.
(5) In subsection (1)
—
orchard means any land used for the purpose of
growing or cultivating plants, and includes any garden, farm, vinery,
vineyard, and hothouse, any place where any plant is cultivated or where any
plant which has been cultivated is growing;
specified area means the portion of the State
specified in a notice under section 11(1)(a)(ii) in relation to which the
producers’ committee is established.
[Section 12A inserted: No. 24 of 2007 s. 63;
amended: No. 11 of 2021 s. 14.]