Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (7), this section applies to land in a country water area
other than land which is farm land.
(2) The owner or
occupier of any land to which this section applies in or on which it is
proposed to construct or alter any building shall give to the Corporation the
prescribed notice thereof and submit to the Corporation plans of the proposed
construction or alteration, together with the prescribed fee for examining the
plans and for making or modifying connections to the water supply services
provided by the Corporation.
(3) The Corporation
shall, within 7 days after the receipt of the plan and prescribed fee,
return a copy of the plan with such written directions in relation to water
services as may be thought fit.
(4) If the owner or
occupier of any land —
(a)
commences or causes to be commenced the construction or alteration of any
building without giving the notice or without furnishing the plan referred to
in subsection (2);
(b)
having given the notice and furnished the plan commences or causes to be
commenced the construction or alteration of the building before the expiration
of the 7 days mentioned in subsection (3) or before the plan has
been returned by the Corporation whichever is the earlier; or
(c)
fails to follow the directions given by the Corporation under
subsection (3),
he shall be liable to
a penalty of $2 000.
(5) Where any building
has been or is being constructed or altered in contravention of
subsection (2) or contrary to or not in accordance with the directions
given by the Corporation under subsection (3) the Corporation may by
notice in writing served on the owner or occupier, as the case requires, of
the land direct him within a specified time and in any specified manner
to —
(a)
cease any construction or alteration being carried out;
(b)
remove, pull down, take up or alter the building or part thereof.
(6) If a person on
whom a notice is served under subsection (5) fails or refuses to comply
with the notice the Corporation may —
(a) in
accordance with the notice, remove, pull down, take up or alter the building
or the part which has been constructed or altered; and
(b)
recover the expenses of so doing from the owner or occupier of the land.
(7) This section shall
not apply in a case where the Corporation declares, in writing, that it is
satisfied that an emergency had arisen which rendered it necessary or
desirable that the building should be constructed or altered before the
directions of the Corporation could be obtained, and that notice was given,
the fee paid and a plan was furnished as soon as practicable.
(8) The fee referred
to in subsection (2) may be prescribed by reference to the cost of the
construction or alteration of the building concerned as assessed by the
Corporation.
[Section 43A inserted by No. 110 of 1985
s. 44; amended by No. 73 of 1995 s. 63.]