Western Australian Current Acts

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BUILDING ACT 2011 - SECT 191

191 .         Notices to stop unlawful work

        (1)         In this section —

        notice means a notice under section 401A(1) of the former provisions.

        (2)         A notice that was served, or deemed to have been served, on a builder before commencement day is, on and from commencement day, to be taken to be a copy of a building order served on that person.

        (3)         Section 111 does not apply to a notice taken to be a building order under subsection (2).

        (4)         The local government that served the notice must, as soon as practicable after commencement day, cause a copy of the notice to be served on an owner of the land on which is located the building that is the subject of the notice if —

            (a)         the person on whom the notice was served is not an owner of the land; and

            (b)         section 401A(3) was not complied with before commencement day.

        (5)         A review under section 401A(6) of the former provisions that was started, but not finalised, before commencement day must be dealt with as if the former provisions had not been amended by Part 15 Division 1, and if the notice is affirmed or varied on the review —

            (a)         the notice as affirmed or varied is to be taken to be a building order; and

            (b)         section 118 applies in relation to non-compliance with an order made on the review.



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