Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A local government
may, during or after the erection of a building in its district, give to the
builder or owner of the building, written notice of anything, in the
construction of the building —
(a)
which tends to render the building unsafe or prejudicial to the public
interest;
(b)
which is not in compliance with, or is a departure from, the plans and
specifications for the building, of which plans and specifications the
approval of the local government has been obtained as required by this Act;
(ba)
which is a contravention of this Act; or
(c)
which, where permission of the local government is required for carrying it
out, has been carried out without that permission;
and requiring him to
pull down or so alter the building as to remove the cause of the objection and
on being served with the notice the builder or owner shall comply with the
requisition, unless he applies to the State Administrative Tribunal under
subsection (3) for a review of the decision to make the
requisition and the State Administrative Tribunal sets aside the
decision.
(1a) The local
government is not to give notice under subsection (1)(b) or (c) in
respect of particular building work if —
(a) a
building approval certificate has been issued in respect of the building work;
(b) the
owner has applied for the issue of a building approval certificate in respect
of the building work and the application has not been finally refused; or
(c) the
local government has given the owner written notice inviting the owner to
apply for the issue of a building approval certificate in respect of the
building work and the period (if any) specified in the written notice for the
making of the application has not yet expired.
(1b) For the purposes
of subsection (1a)(b) an application for the issue of a building approval
certificate has been finally refused if the local government has refused to
issue the certificate and —
(a) no
application for review of that refusal has been made under
section 374AAD; or
(b) on
review under section 374AAD of that refusal, the refusal has been upheld.
(1c) In
subsections (1a) and (1b) —
building approval certificate means a building
approval certificate under section 374AA.
[(2) deleted]
(3) Where a person is
given notice under this section to pull down or alter a building in order to
remove a ground of objection mentioned in subsection (1), he may, if
dissatisfied with the requisition in the notice, apply to the State
Administrative Tribunal for a review of the decision to make the requisition.
(4) When a building
has been constructed, amended, altered, extended, enlarged or added to
pursuant to a notice from the local government under subsection (1), the
builder or owner of the building shall on completion of the construction,
amendment, extension, enlargement, addition, or alteration serve written
notice of the completion upon the building surveyor of the local government.
(5) If, after
inspection and survey, the building surveyor is satisfied that the building
has been constructed, amended, extended, enlarged, added to or altered, in
conformity with the notice from the local government under
subsection (1), the surveyor shall, on payment of the fee prescribed by
the local laws of the local government give in the form so prescribed a
certificate in writing signed by him to that effect to the builder or owner
from whom he has received the notice mentioned in subsection (4).
(6) The certificate
given by the building surveyor under subsection (5) is admissible in
evidence and is prima facie proof of the particulars contained in it.
(7) If the builder or
owner on whom a notice mentioned in subsection (1) has been served does
not —
(a)
within 35 days of that on which the notice is served upon him, unless the
requisitions in the notice are the subject of an application for review as
described in this section; or
(b) if
an application for review is made but is dismissed, within 14 days of the
dismissal,
comply with the
requisitions in the notice, the Magistrates Court, on an application by the
local government and on being satisfied that he has not so complied with all
or any of the requisitions in the notice and that the requisitions in respect
of which the application is made are not the subject of an application for
review as described in this section, may order the person on whom the notice
has been served to comply with the requisitions within a time to be fixed by
the order, and the court may make such order as to the costs of and incidental
to the proceedings relating to the order as the court thinks fit.
(8) If an order made
under subsection (7) is not complied with by the person to whom it is
directed within the time so fixed, the local government may lawfully enter
upon the land on which the building is erected or is in course of being
erected and give effect to the requisitions and may, in a court of competent
jurisdiction, recover the expense of so doing from the builder or owner on
whom the notice was served.
(9) An order made
under subsection (7) is not subject to appeal.
[Section 401 amended by No. 17 of 1984
s. 15; No. 74 of 1995 s. 9.70; No. 14 of 1996 s. 4;
No. 55 of 2004 s. 671; No. 59 of 2004 s. 141; No. 11 of
2007 s. 11.]
[Heading inserted by No. 32 of 1967
s. 20.]