Western Australian Current Acts Western Australian Current Acts (1) In this section
—
underpinning consent means —
(a) a
consent in writing of the adjoining owner in response to a notice under
section 391(2) of the former provisions; or
(b) the
requirement of the adjoining owner to underpin or strengthen the foundations
of the adjoining owner’s building as set out in a counter notice under
section 391(3) of the former provisions.
(2) An underpinning
consent that was given before commencement day is, on and from commencement
day, to be taken to be consent for the purposes of sections 76(1)(a), 78(1)(a)
and 81(2)(a).
(3) Despite the
Interpretation Act 1984 section 37(1), sections 391(4) and (5) and 397 of the
former provisions do not apply in relation to work completed on or after
commencement day, in which case sections 90(b) and 91 apply respectively.