Western Australian Consolidated Acts Western Australian Consolidated Acts Where any owner,
occupier or other person upon whom a notice under section 3 has been
served as aforesaid has failed, within the time prescribed by such notice, to
comply with the directions of such notice and by reason of such non-compliance
and by reason of the light to which the said notice relates being mistaken
for, or obscuring, or conflicting with or adversely interfering with the
effectiveness of a harbour light, any vessel, ship or boat is damaged the said
non-compliance with the said notice shall, for the purpose of enabling the
owner of such vessel, ship or boat to recover compensation or damages in
respect of the damage suffered by such vessel, ship or boat be deemed to be a
tort in the nature of a nuisance committed by such owner, occupier or person
aforesaid upon which an action for damages may be instituted.