❓ Hon James Hayward asks about DWER's procedures for farm access, considering biosecurity and staff safety. The Minister responds outlining procedures for seeking consent, obtaining warrants, and exceptional circumstances for access without notice.
AnsweredQoN 285Legislative Council
QuestionView source ↗
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?
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?
AnswerView source ↗
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
P olice 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.
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
P olice 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.
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