Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, in
contravention of this Act, a building is being constructed, erected, adapted,
amended, enlarged, added to, repaired or taken down, the local government may,
by notice in writing served on the builder, order the builder to stop all work
specified in the notice as being done in contravention of this Act.
(2) For the purposes
of this section, a notice is deemed to have been served on a builder if it is
served upon a person apparently in control of men working on the site of the
building referred to in the notice.
(3) Where the person
on whom a notice is served pursuant to this section is not the owner of the
building to which the notice relates, the local government shall, as soon as
practicable after the service of the notice on the first-mentioned person,
cause a copy of the notice to be served on the owner of the building.
(4) A notice under
this section remains in force until —
(a) it
is withdrawn by further notice in writing given by the local government; or
(b) it
is set aside by the State Administrative Tribunal on an application for review
as provided in this section.
(5) A person
who —
(a) has
been served with a notice under this section or knows that a notice under this
section is in force; and
(b)
causes or suffers work to be done in contravention of the notice,
commits an offence.
Penalty: $5 000.
(6) A person aggrieved
by a notice under this section may apply to the State Administrative Tribunal
for a review of the notice.
(7) In this
section —
builder means the person who is employed to build,
or to execute work on, a building, or, where no person is so employed, the
owner of the building.
[Section 401A inserted by No. 32 of 1967
s. 20; amended by No. 81 of 1972 s. 20; No. 42 of 1987
s. 16; No. 74 of 1995 s. 9.70; No. 14 of 1996 s. 4;
No. 55 of 2004 s. 672.]