Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On the
application of any owner or owners of a piece or parcel of land, or of 2 or
more adjoining pieces or parcels of land within a district, the Corporation
may authorise him or them to make a branch drain to communicate with any main
drain for the purpose of draining his or their land, on such terms as to the
Corporation may seem proper. The application, when made by more than one
owner, shall state the aliquot part of the cost which is to be borne by each
owner.
(2) The Corporation
may, at the request of the owner or owners, make the branch drain and do all
incidental work for him or them, on such terms as may be agreed upon between
him or them and the Corporation, and the cost thereof or an aliquot part
thereof (determined by the agreement) shall be a debt due by the owner or each
of the owners to the Corporation.
(3) The Corporation
may, with the approval of the Minister, advance to any owner or owners such
sum of money as may be necessary to complete the aforesaid branch drain and
work or his or their share or shares thereof, on such terms as may be agreed
upon, and the amount of such advance, together with interest thereon, or on so
much thereof as may remain unpaid for the time being, shall be a debt due from
such owner or owners to the Corporation.
(4) Whenever the
Corporation shall be of opinion that the construction of a branch drain is
necessary in order to drain any piece or parcel of land, or 2 or more
adjoining pieces or parcels of land, in the vicinity of a main drain, the
Corporation may, by notice served on the owner or the several owners thereof,
require him or them to construct such drain to the satisfaction of the
Corporation, and if the drain be not constructed within one month thereafter
or such longer time as may be specified in the notice, the Corporation may
construct or complete the branch drain and recover the cost thereof from the
owner or an aliquot part (to be determined by the Corporation with the
approval of the Minister) from each of the several owners in any court of
competent jurisdiction. Such notice shall specify the nature and direction of
the branch drain required.
(5) For the purpose of
exercising any authority conferred or complying with any requisition made
under this section, the person on whom the authority is conferred or the
requisition made shall (so far as necessary) have and be subject to the powers
and liabilities of the Corporation set forth in section 83 of the Water
Agencies (Powers) Act 1984 .
(6) When an owner of
land became, becomes or is to become liable to a former Minister or the
Corporation for the cost or any part of the cost of making any branch drain
hereunder and the doing of any work incidental thereto for the purpose of
draining such land or for any money advanced in respect of such a drain or
work hereunder, the Corporation may, on his application, enter into an
agreement with him for the payment of such cost or money (with interest) in
not more than 24 quarterly instalments; the last of such instalments to become
payable not more than 6 years after the commencement of the making of the
branch drain.
(7) All moneys due by
any person to a former Minister or the Corporation shall carry interest at the
prescribed rate, and such moneys and interest shall, unless otherwise provided
by agreement, be payable on demand, and shall be a charge on the land as if
they were drainage rates imposed under this Act.
(8) Every owner of
land or the several owners of 2 or more adjoining pieces or parcels of land in
respect of which a branch drain has been constructed hereunder shall be liable
or jointly and severally liable to keep such drain cleansed and maintained to
the satisfaction of the Corporation and in the case of several owners the
burden shall as between themselves be apportioned in the same way as the
original liability for the cost of the drain. The burden imposed by this
subsection shall run with the land and shall be binding on the owner for the
time being thereof and of every portion thereof.
(9) If default is made
by any person in maintaining or cleansing any branch drain constructed under
this section which he is bound to maintain or cleanse, the Corporation may
cause the necessary maintenance or cleansing to be provided for or done and
may recover the cost from any person in default in any court of competent
jurisdiction.
(10) Any sum of money
due by any person to a former Minister or the Corporation under this section
shall be recoverable by the like proceedings and with the like remedies as if
it were a drainage rate imposed on such person as rateable owner of the land
in respect of which the sum is due, and the provisions of Division 5 of
Part VII shall, subject as hereinafter provided, apply thereto in all
respects.
For the purposes of
apportionment, interest and the cost of maintenance or cleansing shall be
deemed to be the amount of a rate imposed for the financial year in which the
interest accrued due or the maintenance or cleansing was done, as the case may
be. Other moneys shall be apportionable as if they were the amount of rates
for 6 years calculated from the commencement of the making of the drain
or the doing of the work for which they are owing.
(11) Any occupier of
land who is not the owner may, with the approval of the Corporation, make or
concur in or enter into any application or agreement under this section, or
construct or take part in the construction of any branch drain or work
hereunder or obtain any advance or do any other act hereunder as if he were
the owner, and for the purposes of this subsection he shall in so acting be
deemed to be the owner, and his acts shall be binding on such owner
accordingly: Provided that any liability (including the liability to cleanse
and maintain) which would, subject to any necessary apportionment being made,
have to be borne and discharged by the occupier by reason of any such act,
matter, or thing as aforesaid, if he were in fact the owner of the land during
the term of his occupancy, shall be borne and discharged by such occupier, who
shall indemnify any such owner in respect thereof; but nothing in this
subsection shall prevent the liability being a charge on the land.
(12) If in the
performance of any duty or the exercise of any right or authority imposed on
or given to him by or under this section the owner of any land is in any way
obstructed or hindered by the occupier or the occupier by the owner, the one
who obstructs or hinders the other shall be guilty of an offence against this
Act.
Daily penalty: $100.
[Section 64 amended by No. 113 of 1965
s. 8; No. 38 of 1978 s. 13; No. 25 of 1985 s. 229;
No. 110 of 1985 s. 118; No. 73 of 1995 s. 78 and 79
(correction in Gazette 3 Dec 1996 p. 6686).]
[ 65. Deleted by No. 25 of 1985 s. 230.]