Hi there. Councils and shires in Western Australia are subject to the Local Government Act 1995 (WA), which gives these bodies special powers and regulates their operations. Under this piece of legislation, local government bodies have the authority to enter any land or premises if the landowner’s consent has been obtained or a notice specifying the purpose of entry has been given to the landowner not less than 24 hours in advance.

If a notice is given but the landowner objects to the entry on his or her land, the local government body cannot enter the land lawfully. In your situation, this means that, under the Local Government Act 1995 (WA), the shire (or its representative) is not allowed to enter your property if you object to their entry.

However, this legislation is just one way that the shire is given power to enter people’s property. There are many other ways that the shire can gain authority, such as obtaining a warrant from a court or entering in an emergency. Your local shire may be relying on one of these alternative sources to gain its authority.