Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
authorised person means a person with appropriate
experience or qualifications authorised by the local government for the
purposes of this section;
swimming pool means a place or premises provided
for the purpose of swimming, wading or like activities which the public are
not entitled to use and includes a spa-pool but not a spa-bath.
(2) Local laws may be
made under the Local Government Act 1995 —
(a) for
requiring the owner or occupier of land on which there is a swimming pool to
install or provide such structures or devices as are prescribed for the
protection of the safety of persons who may, with or without the knowledge or
consent of the owner, enter upon that land;
(aa) to
require the owner or occupier of land on which there is a swimming pool to
annually provide the local government with a signed statement that the person
has checked such structures or devices as are prescribed for the protection of
the safety of persons who may, with or without the knowledge or consent of the
owner, enter upon that land;
(b)
imposing a penalty not exceeding $5 000 for a breach of any of the local
laws so made, with or without provision of a daily penalty not exceeding $250
for each day during which the offence continues.
(3) Regulations under
section 9.60 of the Local Government Act 1995 may deal with a matter
specified in subsection (2) as if that matter were specified in
Schedule 9.1 to that Act.
(3a) The prescribing
of structures or devices referred to in subsection (2)(a) may be by
reference to regulations made under Part XV or any code or standard as adopted
by or referred to in regulations so made.
[(4) deleted]
(5) Where local laws,
or regulations, made under this section require the owner or occupier of land
on which there is a swimming pool to install or provide such structures or
devices as are prescribed for the protection of the safety of persons who may
enter upon the land —
(aa) for
the purpose of ascertaining whether that requirement has been complied with,
the local government shall cause an authorised person to inspect the land and
the swimming pool at least once before 1 July 1992 and periodically
thereafter so that a period of not more than 4 years elapses between
inspections;
(a) an
authorised person may enter upon the land and inspect the land and the
swimming pool for the purpose of ascertaining whether that requirement has
been complied with;
(b) if
an authorised person is of the opinion that, as a result of non-compliance
with that requirement, the swimming pool constitutes a danger to the public he
may, by notice served on the owner and the occupier of the land, direct that
the requirement be complied with within such period as the authorised person
considers reasonable in the circumstances and specifies in the notice;
(c) if,
at the expiration of the period specified in a notice served pursuant to
paragraph (b), neither the owner nor the occupier of the land has
complied with the direction contained in the notice, an authorised person may
enter upon the land, with or without assistants, and, subject to
subsection (7), take such measures as he considers necessary in order to
prevent the swimming pool from being a danger to the public, and the costs of
taking those measures may be recovered by the local government from the owner
or occupier by action in a court of competent jurisdiction.
(6) An authorised
person, or person assisting an authorised person, may enter occupied premises
in the exercise of the powers conferred by subsection (5) irrespective of
whether or not notice of his intention to do so has been given to the
occupier.
(7) The local
government may impose limitations and conditions on the measures that may be
taken by authorised persons pursuant to subsection 5(c) and an authorised
person shall not take any measure that is not in accordance with the
conditions and limitations so imposed unless the local government, after
receipt and consideration of a report by the authorised person, directs that
measure to be taken in the particular case.
(8) A local government
may, for a financial year, fix the charge to be imposed on each owner or
occupier of land on which there is a swimming pool, to meet the estimated cost
in that financial year of carrying out the inspections required by
subsection (5)(aa), but the charge fixed —
(a)
shall not exceed the estimated average cost of carrying out inspections in
that year; and
(b)
shall not exceed the maximum charge, if any, prescribed by regulation.
(9) In imposing the
charge under subsection (8) a local government may provide for
concessions in specified classes of cases.
(10) A local
government shall —
(a)
cause notice of the charge fixed under subsection (8) to be published in
the Gazette ;
(b)
cause to be served upon each person on whom a charge is imposed under
subsection (8) notice of the imposition of the charge specifying when the
charge is due and payable; and
(c)
where local laws or regulations under subsection (2)(aa) require the
owner or occupier of land on which there is a swimming pool to provide a
signed statement, cause such a person to be given a prescribed form for making
the statement.
(11) A local
government may recover the amount of a charge imposed under
subsection (8) in a court of competent jurisdiction.
(12) Notice of the
imposition of a charge as required by subsection (10)(b) may be included
in the rate notice required by section 6.41 of the Local Government
Act 1995 .
(13) The penalty for
falsely making a statement required under local laws or regulations made under
subsection (2)(aa) is the same as if the statement was a statutory
declaration.
[Section 245A inserted by No. 107 of
1969 s. 13; amended by No. 66 of 1971 s. 2; No. 65 of 1974
s. 12; No. 97 of 1976 s. 16; No. 57 of 1979 s. 8;
No. 39 of 1988 s. 11; No. 100 of 1990 s. 11; No. 74
of 1995 s. 9.70; No. 14 of 1996 s. 4; No. 1 of 1998
s. 29; No. 11 of 2007 s. 4.]
[Divisions 2-5 deleted by No. 74 of 1995 s. 9.70.]
[Heading inserted by No. 34 of 2007 s. 3.]