Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Whenever the local
government has been requested in writing by the owner of any premises to
provide and install thereon an apparatus for the treatment of sewage, or to
supply and install in the premises any bath, basin, sink or trough, and the
pipes and fittings necessary for the proper functioning thereof, whether the
supply and installation is by way of replacement or not, the local government
may do the work and provide the material required to be done and provided, and
recover from the owner the expenses incurred by it in so doing.
(2) When any owner is
liable to the local government in respect of the provision and installation of
any such apparatus as aforesaid in connection with any house, then the local
government may, at the request of the owner, enter into an agreement with him
for the payment of the amount due by instalments extending over such period as
the local government shall deem reasonable, with interest at the rate
indicated in the proviso hereto, or, in cases in which the proviso is not
applicable, at a rate determined by the local government with the approval of
the Minister: Provided that if the local government has paid the expenses out
of any loan the period aforesaid shall not extend beyond the period within
which the loan is repayable, and the rate of interest shall not exceed by more
than 0.5% the rate of interest payable on the loan:
Provided further, that
no such agreement shall be entered into in respect of any house the erection
of which was not commenced before the date fixed for the district by a
resolution passed for the purposes of this section by the local
government and published in the Government Gazette but the provisions of this
proviso do not apply in respect of any house which is the property of the
Crown in right of the State.
(3) Such expenses,
until paid, whether by instalment or otherwise, shall be and remain a charge
upon the land upon or in relation to which the expenses were incurred,
notwithstanding any change that may take place in the ownership thereof, but
where the Crown is liable for payment of the expenses under an agreement, the
expenses are not a charge on the land and may be recovered by the local
government, if they are not repaid in accordance with the terms of the
agreement, as a debt in any court of competent jurisdiction.
(4)(a) In this
section the expression, owner includes the Crown in right of the State
and where the Crown is the owner of any premises the expression, apparatus for
the treatment of sewage includes any buildings, fittings, works or appliances
used or required for ablutionary purposes.
(b) The
reference to the Crown in this section does not imply that the Crown is
bound by the other provisions of this Act.
[Section 100 inserted by No. 50 of 1926
s. 6; amended by No. 30 of 1932 s. 13; No. 38 of 1933
s. 8; No. 22 of 1959 s. 2; No. 18 of 1964 s. 4;
No. 59 of 1991 s. 10; No. 14 of 1996 s. 4.]