Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a
person —
(a)
erects or sets up in or on a street, way, or other public place in a district,
a hoarding, fence, or scaffold, or an enclosure;
(b)
makes an excavation on land abutting or adjoining a street, way, or other
public place except where the excavation is securely fenced off from the
street, way, or other public place;
(c)
deposits stone, bricks, lime, rubbish, timber, iron, or other materials in or
on a street, way, or other public place —
(i)
without a licence from the local government; or
(ii)
having obtained a licence does so otherwise than in
accordance with the licence,
or permits any of
those things to remain beyond the time stated in the licence; or
(d)
fails to keep a hoarding, fence, platform, or handrail in good repair,
the local government
may cause the excavation to be filled in, and the local government may order
the amount of the expenses of doing so to be paid by the person and may cause
the hoarding, fence, scaffold, or enclosure to be pulled down, and the
materials comprising it and also stone, bricks, mortar, lime, or other
building materials, and other matters and things contained within the
enclosure to be removed and deposited in such place as the local government
thinks fit, and to be kept until the amount of the expenses of the pulling
down and removal are paid to the local government.
(2) If the materials,
matters, and things are not claimed and the amount of those expenses are not
paid within 8 days next after being so removed and deposited, the local
government may direct them to be sold, and by and out of the net proceeds of
the sale pay those expenses and account for and pay the surplus, if any, to
the owner or other person by law entitled to it; but if the proceeds of the
sale are insufficient to meet the amount of those expenses and the expenses of
and incidental to the sale, the deficiency shall be repaid by the owner of the
materials, matters, or things, to the local government on demand, and may be
recovered from him by the local government in a court of competent
jurisdiction.
(3) There is no right
of appeal against a direction so made but a person who is dissatisfied with
the amount realised as the proceeds of the sale or the amount of the surplus
paid or payable to him, may apply to the State Administrative Tribunal for an
order under subsection (4) or (5).
(4) If satisfied that
the amount realised as the net proceeds of a sale under subsection (2) is
less than the amount that could reasonably have been expected to be realised
by sale on the open market, the State Administrative Tribunal may order the
local government to calculate the surplus or deficiency under
subsection (2) using the greater amount.
(5) If satisfied in
relation to a sale under subsection (2) that the total amount of expenses
(under subsection (1) and of and incidental to the sale) is greater than
the total amount of expenses that the local government could reasonably have
been expected to incur, the State Administrative Tribunal may order the local
government to calculate the surplus or deficiency under subsection (2)
using the lesser amount.
[Section 378 amended by No. 14 of 1996
s. 4; No. 55 of 2004 s. 665.]