Western Australian Current Acts Western Australian Current Acts (1) A person
responsible for work must ensure that the work does not affect the structural,
waterproofing, or noise insulation capacity of a party wall, a substantial
dividing fence, or a boundary retaining wall that protects land beyond the
boundaries of the works land —
(a)
unless each owner of the land that shares the party wall or the dividing
fence, or that is protected by the boundary retaining wall, consents to the
work being done, and the work is done in accordance with the consent; or
(b)
unless the work is done in accordance with an order under section 86(2)(d); or
(c)
unless the work is required as a matter of urgency to prevent imminent
collapse of, or damage to, the wall or fence; or
(d)
except in prescribed circumstances.
Penalty: a fine of $25 000.
(2) A person
responsible for work must ensure that, as soon as practicable after the
completion of work mentioned in subsection (1)(c), notice of the work and the
reason for it is given to —
(a) each
owner of the land that shares the party wall or the dividing fence, or that is
protected by the boundary retaining wall; and
(b) the
permit authority for the wall or fence, if the work is building work of a kind
for which a building permit is required.
Penalty: a fine of $10 000.
(3) This section does
not affect the application of the Dividing Fences Act 1961 to and in relation
to the repair of a substantial dividing fence.
[Section 79 amended: No. 37 of 2012 s. 20.]