Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where in the
opinion of the Executive Director, Public Health any local government has made
default in enforcing or carrying out or complying with any provisions of or in
the exercise of any power conferred by this Act, or any local law or
regulation thereunder, or of any order of the Executive Director, Public
Health, which it is the duty of such local government to enforce, carry out,
comply with, or exercise, the Executive Director, Public Health may make an
order limiting a time for the performance of the duty of the local government.
(2) If such duty is
not performed within the time limited in such order, the performance of such
duty may be enforced by writ of mandamus, or the Executive Director, Public
Health may appoint some person to perform such duty, and shall order that the
expenses of performing the same, together with a reasonable remuneration to
the person appointed for superintending such performance, and amounting to a
sum specified in the order, together with the costs of the proceedings, be
paid out of the funds by the local government in default; and any order made
for the payment of such expenses and costs may be removed into the Supreme
Court, and be enforced in the same manner as if the same were an order of such
Court.
(3) Any person
appointed under this section to perform the duty of a defaulting local
government shall, in the performance, and for the purposes of such duty, be
invested with all the powers of such local government, and may enter into
contracts on its behalf, and the Executive Director, Public Health may, from
time to time, remove any person so appointed, and appoint another in his
place.
(4) When the Executive
Director, Public Health has required any local government to make any local
law in regard to any matter concerning which it is the duty of such authority
to make a local law when so required, and the authority has not, within a
period of 2 months from the date of the requisition, made a local law
regarding such matter which the Executive Director, Public Health is willing
to confirm, then the Executive Director, Public Health may, in lieu of the
local government, make such local law as he shall consider ought to be made
regarding such matter, and any local law so made by the Executive Director,
Public Health shall, subject to section 345, have effect as if made by
the local government.
[Section 35 amended by No. 17 of 1918
s. 7; No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]