Western Australian Consolidated Acts Western Australian Consolidated Acts The owner of any house
to which there is a cellar shall, if so required by the local government, and
within a time to be specified, cause such cellar to be paved or asphalted in
manner directed by and to the satisfaction of the local government; and if
such cellar is subject to the leakage of water thereinto, and there is no
drain for the discharge of such water, such owner shall likewise, if so
required by the local government, construct in such cellar where, when, and as
directed, a well for the gathering of such leakage, and upon completion of
such well shall cause the same to be regularly emptied at intervals not
exceeding 24 hours:
Provided that in case
the occupier of any such house has paved or asphalted any such cellar, or
constructed any such well, he may, subject to any agreement previously made
between him and the owner of such house, recover in a court of competent
jurisdiction the moneys expended by him on such paving or asphalting, or on
constructing such well, or may deduct the same from any rent payable by him to
such owner.
[Section 89 amended by No. 14 of 1996
s. 4; No. 59 of 2004 s. 141.]