Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a local
government has served an order under section 408 or 409, and the person
in actual occupation as owner of the building to which the notice
relates —
(a)
satisfies the local government that he has insufficient means to carry out the
work required to be done in order to comply with the order; and
(b)
requests the local government in writing to carry out the work on his behalf,
the local government
may carry out the work and recover the costs thereof in the manner referred to
in subsection (2) or subsection (3).
(2) For the purposes
of recovering the costs incurred by it pursuant to subsection (1) on
behalf of an owner, the local government and the owner shall enter into an
agreement in writing under which the local government shall receive the sum of
those costs by half-yearly or monthly instalments of principal over a period
not exceeding 10 years, together with interest on the amount from time to
time outstanding at a rate —
(a) not
exceeding by more than 1% per annum the rate charged to the local government
at the time the costs were incurred —
(i)
on the loan raised by the local government; or
(ii)
the moneys borrowed on overdraft by the local government,
from which those costs
were met, as the case may be; or
(b)
where the costs were paid out of the Municipal Fund of the local government,
not exceeding by more than 1% per annum the lowest rate at which the local
government could, at the time the costs were incurred, have borrowed the
money.
(3) Where an owner on
whose behalf a local government has incurred costs pursuant to
subsection (1) is a person entitled under the Rates and
Charges (Rebates and Deferments) Act 1992 to claim to be exempt from
liability for the payment of rates or charges under the Local Government
Act 1995 , the local government may agree in writing to postpone payment
of those costs by the owner until the sale or transfer of the land on which
the building stands, or the death of that owner, whichever first occurs.
(4) Where a local
government has deferred payment of costs under subsection (3), nothing
contained in the Limitation Act 2005 prevents the local government from
recovering the amount of any of those costs which but for this subsection it
would have been prevented from so doing by that Act.
(5) Where a local
government has entered into an agreement pursuant to subsection (2) or
has postponed the payment of costs pursuant to
subsection (3) —
(a) the
amount from time to time owing under the agreement or the amount of the costs
so postponed that is from time to time unpaid, as the case may be, is a charge
on the land on which the building stands, ranking equally with any other
charge created by this or any other Act and before any other charge on that
land; and
(b) the
right of the local government to receive moneys under the agreement or to
receive payment of the costs so postponed, as the case may be, is an interest
in that land for the purposes of section 137 of the Transfer of Land
Act 1893 .
[Section 410A inserted by No. 96 of 1966
s. 16; amended by No. 31 of 1992 s. 52(1); No. 14 of 1996
s. 4; No. 20 of 2005 s. 23.]