Protecting Your Privacy: Understanding Property Rights in Morangup

One of the reasons many of us chose to make Morangup our home is the sense of peace, space, and above all, privacy. Living on a large block of land, free from the intrusion of urban life, is part of the lifestyle we treasure. However, it's crucial to know and assert your rights when it comes to local authorities or rangers entering your property.

Your property is your private domain, and while there are certain legal powers at play, you have the right to expect reasonable warning and respect for your privacy—especially when you’ve clearly marked your land with "No Trespassing" signs. Let's explore what those rights are and how you can ensure your privacy is protected.

Public Safety Concerns: Risks for Shire Rangers and Property Owners

The Shire of Toodyay must prioritize the safety of both its employees and residents when rangers or other public officers enter private properties, particularly under non-emergency circumstances. Failing to ensure compliance with workplace safety laws and proper procedural safeguards puts everyone at risk.

Under the Work Health and Safety Act 2020 (WA), the Shire is obligated to protect its workers from foreseeable risks, including potential dangers on private properties such as dog attacks. Similarly, property owners may be exposed to liability if a ranger is injured while unlawfully or improperly entering their land.

Ignoring these legal obligations could lead to severe consequences:

• Potential injuries to Shire employees, leading to litigation and financial liability for the Shire.
• Increased costs for residents through rates and taxes if the Shire is held accountable for negligence.
• Legal risks for property owners if injury occurs during unauthorized entry.

It is essential that the Shire reviews its policies to ensure proper notification, risk assessment, and compliance with safety laws before any property visits. Residents are encouraged to document any incidents involving rangers entering their property without notice and seek legal advice if necessary.

If your property is gated, locked, and clearly marked with "No Trespassing" signage, and no reasonable warning or notice of entry was given by the Shire of Toodyay, the ranger or officer may not legally enter the property without following proper procedures. Here’s how the law may address some of these elements:

1. Reasonable Warning and Notice of Entry

Under the Local Government Act 1995 (WA):

Section 3.33: Notice of Entry mandates that the Shire of Toodyay must provide reasonable notice before entering private property, except in emergencies. This notice allows you to prepare for the visit and ensure any compliance issues can be resolved in advance.

If the property is gated and locked, and no emergency exists (like a fire, public safety hazard, or animal attack), rangers must give proper notice of their intention to enter. They cannot legally bypass the gate, locks, or signage without first notifying you of their intent to inspect or enforce a law.

2. Trespassing Signage

Clearly marked "No Trespassing" signs indicate that you are asserting your legal right to deny unauthorized entry onto your land. Even though Shire of Toodyay officers have certain powers to enter private land under specific laws, they must still adhere to proper entry procedures. Bypassing a locked gate with a "No Trespassing" sign without notice could be seen as a violation of your property rights, especially if there’s no emergency justifying the entry.

3. Emergency Situations

The only circumstance in which rangers or other Shire of Toodyay officers could enter without notice and potentially override the locked gate and "No Trespassing" signs would be in an emergency, such as:

• A fire or other imminent danger (under the Bush Fires Act 1954),
• A dangerous animal posing a threat to public safety or health (under the Dog Act 1976),
• A severe public health risk (under the Health (Miscellaneous Provisions) Act 1911).

Even in these cases, officers would still be expected to take reasonable steps to minimize damage to property, and the act of entering would need to be justified as being in the public interest.

4. Court Orders and Warrants

If the ranger believes they need access to the property but you have locked the gates and marked it with "No Trespassing" signs, and no emergency exists, they would likely need to obtain a warrant or court order to enter the property forcibly. A warrant would give them the legal right to override your property boundaries (gates, locks, etc.), but this is not a common step for minor inspections or non-emergency situations.

5. Potential Legal Recourse

If a ranger enters your property without giving notice, damaging your gates, locks, or ignoring "No Trespassing" signs without an emergency, this could be considered unlawful entry or trespassing.

You may have grounds to lodge a formal complaint with the Shire of Toodyay or seek legal advice regarding potential civil claims for trespass or damage to property.

Any unauthorized entry and property damage could result in liability for the ranger or the Shire of Toodyay if they are found to have acted outside their lawful powers.

Action Steps

• Document the situation: Take photos of any damage, signage, and locks/gates to have a record of the property’s state and the signs posted.
• Make contemporaneous notes: If contacting the Shire of Toodyay by phone or in person, make notes during or immediately after the conversation, and email them to records@toodyay.wa.gov.au, asking for a receipt and confirmation of your notes' accuracy.
• Request clarification: Contact the Shire of Toodyay to request details on the legal basis for the entry and inquire if any notices were issued.
• File a formal complaint: If you believe your rights have been violated, lodge a complaint with the Shire. They should investigate whether their officers acted lawfully.
• Seek legal advice: If needed, consult a lawyer to explore options for civil action if damage or unauthorized entry occurred without proper legal grounds.
• Backup all communications: Make sure to save copies of emails, records of conversations, and photographs of your property.

1. Lodging a Formal Complaint with the Shire of Toodyay

Step 1: Contact the Shire

Begin by contacting the Shire of Toodyay’s administration or ranger services department. You can:

• Call or visit the Shire offices to speak directly with an officer and inquire about the ranger's actions.
• Submit a written complaint via email or letter, outlining the details of the incident, including the lack of notice, the condition of your gate, and the signage.

Include the following information in your complaint:

• Date and time of the incident.
• Details of the property, including its location, gated access, and signage (e.g., photos of "No Trespassing" signs).
• Description of the damage (if any) to gates, locks, or other property.
• A record of communication (if any) with the Shire or rangers prior to the entry.
• A request for explanation: Ask for clarification on the legal grounds the ranger was acting under and why you were not notified.

Shire Contact Info:

• Website: Shire of Toodyay Website
• Phone: +61 8 9574 9300
• In-person: Visit the Shire offices at 15 Fiennes Street, Toodyay WA 6566.

2. Escalating the Complaint

If you're dissatisfied with the response or lack of action from the Shire, you can escalate the issue:

• Contact the Western Australian Ombudsman: The Ombudsman deals with complaints about local government actions, including unauthorized entry by rangers. If the Shire’s internal process doesn’t resolve your concerns, the Ombudsman can investigate and provide an independent review.
• Website: Ombudsman Western Australia
• Phone: +61 8 9220 7555

3. Seek Legal Advice

If the situation involves significant property damage or a clear violation of your rights, seeking legal advice may be your best option. Here's what to consider:

Trespassing Claims

If the ranger entered your property without proper legal authority (no notice, no court order, no emergency), and especially if they damaged your gate or lock to gain entry, you may have a claim for trespassing and property damage. A lawyer can help you assess whether the ranger’s actions were justified under the Local Government Act or other applicable legislation.

Compensation for Damages

You may be entitled to compensation for any physical damage to your property (e.g., broken gate or locks). A lawyer can help you file a claim against the Shire or the individual ranger if they acted unlawfully.

Consultation

It’s advisable to consult a lawyer specializing in property or administrative law in Western Australia to guide you through the process. They can help gather evidence, file a claim, and represent you if necessary.

Legal Aid WA

If you need legal advice but are concerned about the costs, Legal Aid Western Australia provides free or low-cost legal assistance for certain cases. You can reach out to them to get advice on your situation.

• Website: Legal Aid WA
• Phone: +61 1300 650 579

To sum it up

Understanding your rights regarding ranger entry is crucial for maintaining the security and integrity of your property. Familiarize yourself with the laws and procedures that protect your rights as a property owner. If a ranger attempts to enter your property without due process, it is important to know that you have recourse.

Being proactive in communicating with your local government and documenting any incidents can help protect your rights and ensure compliance with legal procedures. If you ever feel your rights have been violated, don’t hesitate to seek legal advice and take appropriate action.