Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 63

63 .         Part 6 Orders not to affect certain works

                It shall be a defence in proceedings for a contravention of a provision of a Conservation Order to show that any works, being works appropriate to the purpose — 

            (a)         were urgently necessary — 

                  (i)         to avoid an imminent danger to life or health; or

                  (ii)         for the immediate preservation of a building or the prevention of immediately impending damage to neighbouring property,

                whether or not those works were the subject of a specific prohibition contained in a Stop Work Order, where notice in writing of the proposed carrying out of the works was given, as soon as practicable after the necessity for the works arose, to the Council and no written objection was served by the Council on the person so giving notice prior to the carrying out of the work;

            (b)         were authorised, and carried out in all respects in compliance with, a permit issued under section 64; or

            (c)         were required by an Act or law, and were of such a degree of urgency that prior reference to the Council and the negotiation of an Order under section 38 would not have been practicable.