Local Government have many powers of entry onto private property
through various Acts of Parliament.
This update deals with the provisions of the Local Government
Act 1995 (WA) (the Act) which are in addition to and not a
derogation or erosion to any other powers of entry a local
government may have under another Act of Parliament.
When does the Act apply?
Part 1 Division 2, Subdivision 3 of the Act deals with powers of
entry. These provisions allow entry onto land – including
private land – where entry is required to perform a function
of the local government as set out in the Act.
"Subdivision 3 —
Powers of entry 3.28. When this Subdivision applies The powers of
entry conferred by this Subdivision may be used for performing any
function that a local government has under this Act if entry is
required for the performance of the function or in any other case
in which entry is authorised by this Act other than by a local
law.
