Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When a supply
authority carries out any works in the exercise of its powers under this Act,
and in the course thereof damages or prejudicially affects the works of any
public authority, the supply authority shall —
(a) with
all possible speed complete the works of the supply authority, reinstate and
make good the damage done to the works of the public authority, and remove all
spoil and rubbish occasioned by the operations of the supply authority;
(b)
cause a light sufficient for the warning of persons, to be set up and
maintained at night against or near the works being carried out by the supply
authority in any street or public place, and keep the said works adequately
fenced and guarded for the protection of persons until the supply authority
has duly discharged its obligations as specified in paragraph (a); and
(c) keep
any streets which have been broken up or disturbed in the course of the works
carried out by the supply authority in good repair and condition for a period
of 3 months after reinstating and making good any damage done to the same
and for any further period, not exceeding 12 months in all, during which
the said streets may continue to subside.
(2) If a supply
authority makes default in the due discharge of any of its obligations under
subsection (1), then without prejudice to any other liability at law or
in equity to which it may be subject, the supply authority so in default shall
forfeit and pay to the public authority, whose works or property have or has
been damaged, a sum not exceeding $200 for every such default and a further
sum not exceeding $100 for each day or part of a day during which any such
default is continued after notice thereof in writing has been served by the
said public authority upon the said supply authority as shall be fixed and
ordered by the Director.
[Section 19 amended by No. 113 of 1965
s. 8; No. 89 of 1994 s. 80; No. 63 of 1996 s. 7.]