Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This
section applies to any area of land that is frequented by the public for
or in connection with business, commercial, recreational or other purposes and
whether on payment of a fee or not.
(2) A public authority
in whose district or area of jurisdiction an area of land to which this
section applies is situated may by notice in writing served on a person
who is the owner of, or has the control of that area —
(a)
require that person to provide and maintain on that area such number of litter
receptacles of a type specified in the notice as is specified in the notice;
and
(b) give
such directions as the public authority thinks fit in order to ensure that
those receptacles are placed in positions where they will be most effective.
(3) A public authority
may, in writing, request the Council to exercise the powers conferred on the
public authority by subsection (2) in relation to an area of land
specified in the request and the Council may exercise those powers in terms of
that request and, where it does so, references in this section to the
public authority shall be read and construed as references to the Council.
(4) A notice served
under subsection (2) in respect of an area of land may be —
(a)
replaced or varied by a subsequent notice served under that subsection on
the owner or person who has the control of that area;
(b)
rescinded by notice in writing served on the owner or person who has the
control of that area.
(5) A notice served
under subsection (2) shall come into force on such date (being a date not
less than 60 days after the service of the notice) as is specified
therein unless, before that date, an application for a review of any
requirement or direction in the notice has been made pursuant to
subsection (6).
(6) A person who is
dissatisfied with any requirement or direction in a notice served under
subsection (2) may apply to the State Administrative Tribunal for a
review of the requirement or direction.
[(7), (8) deleted]
(9) Where any
requirement or direction in a notice as in force under this section in
respect of an area of land is not being complied with, the owner or person who
has the control of that area is guilty of an offence.
Penalty: $1 000 together with a daily penalty
of $100 in respect of each day on which the offence continues.
(10) Where a person
provides litter receptacles in accordance with the requirements of a notice
served under subsection (2) he shall forthwith advise the public
authority to that effect.
(11) A person who has
provided litter receptacles in accordance with the requirements of a notice
served under subsection (2) shall ensure that those receptacles are
emptied as often as is necessary or as is required by the public authority.
[Section 25 amended by No. 6 of 1996
s. 8; No. 55 of 2004 s. 659.]