Western Australian Consolidated Acts Western Australian Consolidated Acts Without affecting the
provisions of this Act relating to the powers of the local government in the
carrying out of any sewerage and drainage works, and the compulsory connection
of any premises to any such works, whenever in the opinion of the local
government it is necessary for the proper drainage of any land or premises to
construct a sewer or drain through or under private land, the following
provisions shall apply:
(a) The
local government may by notice in writing to the owner and to the occupier (if
any) require him or them to permit such sewers or drains to be made through or
under such private land.
(b)
After one month from the service of such notice on the owner and the occupier
(if any), the local government, or any person authorised by the local
government, may make such sewers or drains through or under such private land
and may without notice enter into the premises to maintain or repair such
sewer or drain.
(c)
Where any sewer or drain is made by or with the authority of the local
government, or the person so authorised, there shall be paid to the owner and
to the occupier compensation for any damages occasioned by them in consequence
of such works, and in relation to the assessment and determination of such
compensation the provisions of Part 10 of the Land Administration
Act 1997 shall, with the necessary modifications, apply. There shall be
payable to such owner in addition to any sum claimable under the
last-mentioned Act all loss which may arise or be consequent upon the exercise
by the local government of any of the powers herein, including the
depreciation (if any) in the value of the land through or under which any
sewer or drain may be made.
(d)
Subject to the provisions of section 63 and section 64, all expenses
incurred by the local government or by any person in making any sewer or drain
through or under private land, and any compensation and costs shall be repaid
to the local government or to the person so authorised —
(a) in
the case of drainage of private land or premises, by the owner thereof;
(b) in
the case of the drainage of any street, road, or way, by the owner of the land
and premises fronting or abutting thereon, if the local government shall so
require; and
(c) as
between several owners, in such proportions as the local government may fix,
and may be recovered
by action in any court of competent jurisdiction.
[Section 83 inserted by No. 38 of 1933
s. 40 and 42; amended by No. 14 of 1996 s. 4; No. 31 of
1997 s. 32(2).]