Western Australian Consolidated Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 99

99 .         Street levels and widths

        (1)         Where the Corporation proposes to place any works in any street, the local government or department responsible for determining the level of that street shall, within 10 days of the service of a written request from the Corporation or within such extended time as the Corporation at the request of the local government or department may allow, furnish the Corporation with particulars of any ascertained or proposed levels, or method of surfacing of that street, and in default of the furnishing of those particulars the existing contour of the street shall for the purposes of the Corporation relating to those works be deemed to be the level.

        (2)         A local government or department having the control and management of any street shall give the Corporation at least 10 clear days notice in writing of its intention to change the level, width or surfacing of any street in which any works of the Corporation have been placed.

        (3)         The Corporation may, within the period of notice referred to in subsection (2) or within such extended period as the local government or department, at the request of the Corporation, may allow, give notice to the local government or department specifying — 

            (a)         whether the Corporation intends to raise, lower or otherwise alter the position or alignment of any works of the Corporation in a street the level, width or surfacing of which is to be changed; and

            (b)         the time by which the Corporation estimates the work will have been carried out.

        (4)         Where the notice required by subsection (2) is given the cost to the Corporation of doing the work referred to in a notice pursuant to subsection (3) shall be a debt due to the Corporation by the local government or department having the control and management of that street only in so far as the works carried out by the Corporation were attendant upon or connected with that change.

        (5)         Where the notice required by subsection (2) is not given, the local government or department concerned shall be liable to make full compensation for, or otherwise indemnify the Corporation against, any loss, damage or costs arising from or in relation to any such change.

        [Section 99 inserted by No. 25 of 1985 s. 19; amended by No. 73 of 1995 s. 41; No. 14 of 1996 s. 4.]