Western Australian Consolidated Acts

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LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 - SECT 409A

409A .         Uncompleted buildings

        (1)         Where the erection of a building has been commenced but not completed within the time prescribed by the local laws, if any, made under section 433(39), that are applicable to the building, the local government may, by notice served on the owner of the building, require him to show cause, within 60 days of the service of the notice, why the building should not be demolished and removed.

        (2)         Where an owner on whom a notice has been served pursuant to subsection (1) fails, within 60 days of the service of the notice, or within such further time as the local government allows for the purpose, to satisfy the local government that there are good and sufficient reasons for the failure to complete the erection of the building within the time referred to in subsection (1), the local government may —

            (a)         by order served on the owner require him to have the building demolished and removed within such reasonable time as the local government specifies in the order; and

            (b)         subject to subsection (3), where the owner fails to comply with the terms of the order referred to in paragraph (a), demolish and remove the building, and recover the costs incurred on account of the demolition and removal as a debt due to it.

        (3)         An owner on whom an order is served pursuant to subsection (2)(a) may, within 15 days of the service upon him of the order, apply to the State Administrative Tribunal for a review of the order.

        [Section 409A inserted by No. 96 of 1966 s. 14; amended by No. 56 of 1977 s. 13; No. 74 of 1995 s. 9.70; No. 14 of 1996 s. 4; No. 55 of 2004 s. 677.]

        [Heading amended by No. 57 of 1997 s. 83(3).]



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