Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Construction and administration of this Act
PART VIII -- Private swimming pools
245A. Private swimming pools
PART IX -- Smoke alarms in buildings
246. Application of this Part
247. Local laws may require smoke alarms
248. Regulations may require smoke alarms
PART XII -- Streets
Division 1 -- General
Division 2 -- Private streets
Division 9 -- New street alignments
364. Power to prescribe new street alignments
PART XV -- Buildings
Division 1 -- Application of this Part
373. Application of this Part
Division 1A -- Qualifications and appointment of local government building surveyors
373A. Qualifications of local government building surveyors
373B. Appointment of local government building surveyors
Division 2 -- Submission of plans, installation of electricity for lighting, depositing of materials, protective hoardings
374. Plans of buildings to be approved by local government
374AA. Building approval certificates for unauthorised building work
374AAB. Delegation of authority to approve plans of buildings or unauthorised building work
374AAC. Advice to be sought where no delegation of authority
374AAD. Review of decisions about building licences and building approval certificates
374A. Demolition licences
374AB. Local government not to issue building licence or building approval certificate unless levy due on work is paid
374AC. Local government not to issue building licence unless home indemnity insurance held
374B. Performance of building work in emergency
374C. Classification of buildings
375. Notice to be given before commencing to build or alter a building
376. Local government may compel installation of electricity where available
377. No materials to be deposited on streets without licence
Division 3 -- Removal of hoardings and filling of excavations
378. Hoardings erected and materials deposited otherwise than as permitted by licence may be removed and sold
379. Damage done to footpaths, drains etc. to be made good
Division 4 -- Protective covering of footpaths
380. While building is in progress footpath to be covered
Division 6 -- Party walls and underpinning
383. Rights of owners of adjoining land in respect of erection of walls on line of junction
384. Right to acquire easement for party wall
385. Rights of building owner
386. Rights of adjoining owner
387. Rules as to exercise of rights by building and adjoining owners
388. Right of building owner to cut away or take down overhanging or encroaching wall
389. Settlement of difference between building and adjoining owners
390. Power of building owner to enter premises
391. Building owner to underpin adjoining owner’s building
392. Security to be given by building and adjoining owners
393. Rules as to party expenses
394. Building owner to render account to adjoining owner
395. Disputed account
396. Structure belongs to building owner until contribution paid
397. Adjoining owner liable to expenses incurred on his requisition
398. Saving easements of light etc. in party walls
Division 7 -- Prohibition, except in certain circumstances, of use of inflammable materials in walls, partitions, ceilings, verandahs and balconies
399. Buildings, partitions, ceilings and verandahs of inflammable materials prohibited except under certain conditions
Division 8 -- Prohibition, except in certain circumstances, of encroachments
400. Encroachment over, on, or under street
Division 9 -- Notice of required alteration
401. Notice of required alterations
Division 9A -- Unlawful works
401A. Stopping unlawful work
Division 10 -- Chimneys of factories
402. Industrial chimneys to be so constructed and used so as not to be a nuisance
Division 11 -- Dangerous buildings
403. Survey to be made of dangerous buildings
404. Notice to owner etc. in case of danger
405. Recovery of expenses of local government
406. Power to remove occupants from dangerous building
Division 12 -- Neglected, dilapidated and uncompleted buildings
407. Meaning of “neglected building” in this Division
408. Removal of neglected buildings
409. Power to compel renovation of dilapidated buildings
409A. Uncompleted buildings
Division 13 -- Recovery of expenses incurred by local government
410. Provision for enforcing repayment of expenses incurred by local government
410A. Undertakings by local governments in certain cases
411. When local government may demolish buildings and sell materials and recover expenses
412. Payment of surplus proceeds into court
412A. Prohibition on dealings in the land
Division 14 -- Fire escapes
413. Fire escapes
Division 15 -- Public buildings
414. Meaning of “public building” in this Division
415. No public building to be used unless it is fit for use
Division 16 -- Removal of inflammable buildings
416. Inflammable buildings in public or other places rendered liable to removal
417. Inflammable buildings may be ordered to be removed and compensation assessed
418. In default of compliance with notice, Magistrates Court may order removal
419. Compensation to be paid from general revenue
Division 17 -- Power of entry and inspection
420. Buildings may be entered and inspected
Division 18 -- Safety of platforms and viewpoints on public occasions
421. Safety of platforms etc. entered or used on public occasions
Division 20 -- Local laws relating to building and buildings
433. Building local laws
433A. Building regulations
433AA. Seismic zones
434. Penalties
435. Advisory committee
PART XX -- Cattle trespass, pounds, poundkeepers and rangers
447. Local government regarded as owner of streets etc. and unfenced land abutting
448. Power to impound cattle grazing on streets
449. Local government may establish pounds, appoint poundkeepers and rangers
450. Gazettal of establishment of pounds or appointment or removal of poundkeeper to be evidence
451. Local government may close pound or dismiss poundkeeper
452. Pound to be properly fenced, kept clean and in repair
453. Provision of shelter and water in pounds
454. Persons using or milking cattle without consent
455. Pound book and Act to be kept by poundkeeper
456. Notice of fees to be exhibited at pound
457. Unclaimed money
458. Powers of impounding cattle
459. Destruction of trespassing cattle in certain cases
460. Impounding of cattle found trespassing on land
461. Unlawfully impounding
462. Fees to be paid to poundkeeper
463. Rates for damage by trespass
464. Local government may vary fees
465. Cattle to be restored to owner on payment or tender of amount claimed
466. Person impounding to give notice to poundkeeper
467. Duty and responsibility of poundkeeper
468. Notice of cattle impounded to be posted up
469. Notice of impounding
470. Poundkeeper may charge for service of notice
471. Cattle to be released on payment of damages and poundkeeper’s fees and charges
472. Payment under protest where amount claimed deemed excessive
473. Poundkeeper to pay, upon receipt, money due to person impounding
474. Sale of unclaimed cattle
475. Justice may order unsold cattle to be destroyed
476. Purchaser not bound to prove regularity of sale
477. Poundkeeper may recover fees from owner of cattle or from the local government
478. Authority for destruction of injured, diseased, or dying cattle impounded
479. Application of proceeds arising from sale of cattle
480. Goats, pigs, poultry may be destroyed if found on enclosed land
481. Stray cattle not to be taken away without notice
482. Pound rescues or breaches
483. Penalty for removing fences, gates etc.
484. Liability of owner of straying cattle
485. Actions for full compensation for trespass
PART XXVIII -- Miscellaneous
666. Occupier may act in certain cases of default by owner
667. Occupier obstructing owner in carrying Act into effect
670. Offence of failing to comply with Act
682. Act not to affect right of Crown
684. Arbitration
687. Power of courts to declare that a structure is not a building
FIFTEENTH SCHEDULE
Compilation table
[Reprinted under the Reprints Act 1984 as at 1 August 2008 s. 9.70.]]