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Parliamentary Questions


Question Without Notice No. 285 asked in the Legislative Council on 16 June 2021 by Hon James Hayward

Parliament: 41 Session: 1

WATER AND ENVIRONMENTAL REGULATION — FARM ACCESS

285. Hon JAMES HAYWARD to the minister representing the Minister for Water:

I refer to the land access powers of the Department of Water and Environmental Regulation.

(1) Does the department have procedures in place to arrange access with landholders to ensure that farm biosecurity and staff safety requirements are met?

(2) If yes to (1), what are those procedures; and, if not, why not?

(3) In what specific exceptional circumstances does the department consider it appropriate to access properties without contacting landholders?

Hon ALANNAH MacTIERNAN replied:

I thank the member for the question. The Minister for Water has provided the following answer.

(1)–(2) Entry to private property for departmental purposes is undertaken with consideration given to any farm biosecurity advisory signage and in accordance with the following process. First, seek consent to enter if practical. If consent is obtained, no further authorisation is required. If consent is not obtained or not required, officers may enter under the relevant applicable statutory provisions. Should entry be physically opposed, officers are instructed to notify their branch manager, the compliance and enforcement unit and the divisional director to seek advice and to obtain, where appropriate, a warrant under section 72(6) of the Water Agencies (Powers) Act 1984. If a warrant is obtained, the department will request the WA Police Force to accompany the officer when entry is made in order to ensure officer safety. Officers must document all entries made as either a file note or a report to their manager/supervisor. Should a legislative quarantine requirement be in place for the property, the officer will not enter without appropriate authorisation.

(3) The exceptional circumstances whereby the department considers that it may be appropriate to access private property without first contacting the landholder include, and are covered by, section 71(1) of the Water Agencies (Powers) Act 1984, which provides for entry onto property without notice for the purposes of routine inspection, or routine maintenance, or to ascertain whether any offence against the relevant legislation has been or is being committed. Section 73 of the same act provides that entry may be made without notice in the case of an emergency, which may be actual or apprehended danger or health risk to any person or property; the occurrence of injury, disease or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, the works of the minister. Notice is to be given once the emergency has passed. Under section 72(3) of the same act, notice is deemed to be given and the department may enter when the landowner cannot be located after reasonable attempts have been made by the department to do so and the department has affixed on the land notice of entry for at least 48 hours.