Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
express provisions of section 72, when there exists in any district any
sewer (whether constructed by or under the control of the local government or
not) ready for use and suitable for the removal of sewage on the
water-carriage system, then the local government may, by notice in writing,
require the owner of any house or land situated in the district within
91 metres of the sewer, and capable, in the opinion of the local
government, of being drained into such sewer, to provide for the removal of
sewage from such house or land, and for that purpose to construct and provide,
within a time specified in the notice, such drains and fittings as the
authority having control of such sewer shall deem necessary, and to connect
such drains with the sewer.
(2) Such drains and
fittings shall be constructed and connected and be supplied with water in
accordance with the laws and regulations applicable to the sewer, and in
conformity with any directions given by the authority controlling the sewer.
(3) It shall be the
duty of any owner to whom any such notice as aforesaid is given to comply with
that notice within the time specified therein, and to carry the same into
complete effect.
(4) If a notice given
under this section is not complied with, the local government may, after
the expiration of the time specified in the notice, do the work required, and
for that purpose may enter into or upon the house or land of the owner and
excavate the ground and construct and provide such drains and fittings and
connect such drains with the sewer.
(5) The local
government may recover from the owner in any court of competent jurisdiction
the full amount of the expenses incurred by it in constructing and providing
such drains and fittings and connecting such drains to the sewer pursuant to
subsection (4), with interest at a rate, if loan moneys are expended in
carrying out the work, not exceeding by more than 0.5% the rate of interest
payable on the loan but otherwise at such rate as the Minister may approve,
and such amount and interest shall be and remain a charge upon the land in
respect of which the expenses were so incurred, notwithstanding any change
that may take place in the ownership of that land.
[Section 81 inserted by No. 38 of 1933
s. 38 and 42; amended by No. 8 of 1965 s. 2; No. 94 of
1972 s. 4(1) (as amended by No. 83 of 1973 s. 4); No. 14
of 1996 s. 4.]