Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A building erected
after the commencement of the Local Government Act Amendment Act (No. 3)
1973 shall have a classification determined in accordance with the local laws.
(2) The local
government may assign to any building erected before the commencement of the
Local Government Act Amendment Act (No. 3) 1973 a classification that
conforms with the local laws.
(3) Where the local
government assigns a classification under subsection (2), the local
government shall give notice in writing to the owner of the building to which
the classification has been assigned, of the classification assigned to the
building.
(4) A classification
shall not be assigned to a building erected before the commencement of the
Local Government Act Amendment Act (No. 3) 1973 if as a result of the
classification being assigned to the building, the building could not continue
to be used for a purpose for which it was lawfully being used before
assignment of the classification.
(5) The owner of a
building shall not use the building, or permit it to be used, otherwise than
for purposes appropriate to its classification (if any).
Penalty: $5 000 and in addition a daily
penalty of $100 for each day during which the offence continues.
(6) If as a result of
any building work, the type or standard of construction of a building of a
particular classification would cease to conform with the requirements of this
Act for a building of that classification, the local government may refuse to
approve the building work.
[Section 374C inserted by No. 74 of 1973
s. 6; amended by No. 74 of 1995 s. 9.70; No. 14 of 1996
s. 4.]