Western Australian Current Acts Western Australian Current Acts (1) An owner of the
land into, onto, or over which has been placed a part of a building or
structure that is mainly located on other land —
(a)
contrary to section 76(1); or
(b)
without an authority under a written law that was required by the written law
applicable at the time,
may, without a
building permit or a demolition permit, remove the encroaching part as long as
any damage caused by the removal is made good.
(2) An owner of the
land into or onto which a protection structure has been placed —
(a)
contrary to section 78(1); or
(b)
without an authority under a written law that was required by the written law
applicable at the time,
may, without a
building permit or a demolition permit, remove the protection structure as
long as any damage caused by the removal is made good.
(3) Subsections (1)
and (2) —
(a) do
not apply to a party wall or dividing fence; and
(b) do
not affect any other right at law that the owner has in respect of the
encroaching part or the protection structure; and
(c) do
not affect the operation of the Land Administration Act 1997 section 270.