Western Australian Consolidated Acts Western Australian Consolidated Acts (1) No person shall
deposit stones, bricks, lime, rubbish, timber, iron, or other materials on a
street, way, or other public place, nor make an excavation on land abutting or
adjoining a street, way, or other public place, unless authorised to do so by
an Act or unless he has first obtained from the local government in whose
district the street, way, public place, or land is situated a licence in
writing for that purpose, nor unless, in the case of an excavation he has
securely fenced off the place where it is to be made from the street, way, or
other public place, nor unless he complies with the conditions, if any, of the
licence.
Penalty: Maximum penalty, $5 000 and in
addition a maximum daily penalty of $100 for each day during which the offence
continues.
(2) The local
government shall state in the licence the purpose for which and the conditions
upon which it is granted, and may grant the licence subject to the condition
that the licensee shall erect, for the safety and convenience of the public,
such hoardings or fences at such places, and of such form, character, and
dimensions as the local government or building surveyor of the local
government thinks fit.
(3) The local
government may fix, charge, and recover the fees to be paid for the licence.
(4) The local
government may, before granting the licence, require the applicant to deposit
with the local government a sum sufficient in the opinion of the building
surveyor of the local government to cover the cost of repairing damage caused
by the licensee to the street, footpath or kerb, to be retained by the local
government until the damage, if any, is made good by the licensee, and if the
work of repair is not done within such time as the local government thinks
reasonable, the local government may do the work and deduct the cost from the
deposit, or if the deposit is insufficient to meet the cost apply the deposit
in part payment of the cost, and recover the balance in a court of competent
jurisdiction.
(5) If the local
government refuses to grant the licence or in granting the licence imposes
conditions, a person dissatisfied with the refusal or the conditions may apply
to the State Administrative Tribunal for a review of the decision with which
the person is dissatisfied.
(6) A person who so
erects a hoarding or fence shall keep and maintain it with the platform and
handrail, if any, standing and in good condition, to the satisfaction of the
local government, during such time as the local government thinks necessary
for the public safety and convenience.
Penalty: Maximum penalty, $5 000 and in
addition a maximum daily penalty of $100 for each day during which the offence
continues.
(7) A person erecting,
or causing to be erected, a hoarding, fence, or other obstruction in a street,
way, or other public place, or in connection with an excavation —
(a)
shall cause it to be well and sufficiently lighted every night from sunset to
sunrise to prevent mishaps; and
(b)
shall remove it and if he has made an excavation shall fill in the excavation
and shall repair damage he has done to the street, footpath, or kerb, within a
reasonable time after being required in writing to do so by the local
government.
Penalty: Maximum penalty, $5 000 and in
addition a maximum daily penalty of $100 for each day during which the offence
continues.
[Section 377 amended by No. 113 of 1965
s. 4(1); No. 81 of 1972 s. 20; No. 74 of 1995
s. 9.70; No. 14 of 1996 s. 4; No. 57 of 1997
s. 83(2); No. 55 of 2004 s. 664; No. 11 of 2007 s. 12.]