Western Australian Current Acts

BUILDING ACT 2011 - SECT 189

189 .         Encroachments over, on, or under streets

        (1)         In this section —

        encroachment permission means permission of a local government given under section 400(1)(a), (1b) or (2) of the former provisions.

        (2)         Encroachment permission given before commencement day is, on and from commencement day, to be taken to be consent for the purposes of section 76(1)(a) given on each condition to which the permission was made subject when the permission was granted.

        (3)         An application for encroachment permission that had been made, but not decided by the local government, before commencement day has no effect on and after commencement day.

        (4)         Despite the Interpretation Act 1984 section 37(1) if, immediately before commencement day —

            (a)         a notice under section 400(3) of the former provisions was in effect; but

            (b)         there was not in effect a warrant granted by the Magistrates Court under section 400(3) of the former provisions,

                then on and from commencement day the notice is to be taken to be a building order as if the reference in section 112(2)(c) to a contravention of this Act were a reference to a contravention of section 400 of the former provisions.

        (5)         However, the Interpretation Act 1984 section 37(1) applies if the Magistrates Court had granted a warrant under section 400(3) of the former provisions before commencement day except that in section 400(3) of the former provisions the passage that begins with “and the local government, by its agents” and ends with “jurisdiction,” does not apply in relation to a warrant or order made under section 400(3) of the former provisions on or after commencement day, in which case section 118 applies.

        (6)         If, before commencement day there had been a contravention of section 400 of the former provisions but no notice had been given under section 400(3) of the former provisions, a building order may be issued on or after commencement day in respect of the contravention as if the reference in section 112(2)(c) to a contravention of this Act were a reference to a contravention of section 400 of the former provisions.