Western Australian Current Acts Western Australian Current Acts (1) The local
government shall provide that all drains, sanitary conveniences, and any
apparatus for the treatment of sewage within the district are constructed and
kept so as not to be a nuisance or dangerous or injurious to health.
(2) A person who
constructs or installs, or permits or authorises the construction or
installation of, any apparatus for the treatment of sewage commits an offence
unless —
(a) the
local government has approved of that construction or installation, where it
is prescribed by regulation that the apparatus is to be approved for the
purpose of this paragraph by the local government; or
(b) the
Chief Health Officer has approved of that construction or installation, where
it is prescribed by regulation that the apparatus is to be approved for the
purposes of this paragraph by the Chief Health Officer.
(3) Application for
approval under subsection (2) is to be made as prescribed by regulation and
may be granted subject to such conditions as are specified in writing and
given to the applicant.
(4) A person who uses,
or permits or authorises another person to use, any apparatus for the
treatment of sewage commits an offence unless —
(a) the
local government has granted permission for the apparatus to be used under
subsection (5); and
(b) the
apparatus conforms to all relevant requirements prescribed by regulation and
any conditions imposed on an approval granted under subsection (3) in respect
of the apparatus.
(5) A local government
may grant permission for apparatus for the treatment of sewage to be used only
after the apparatus has been inspected by, or on behalf of, the local
government to ensure that the apparatus conforms to all relevant requirements
prescribed by regulation and any condition imposed on an approval granted
under subsection (3) in respect of the apparatus.
(6) The provisions of
this section shall apply, so far as capable of application, to contractors,
officers, and others acting on behalf of or under contract with a local
government in or about the construction, installation, maintenance, or
provision of apparatus for the treatment of sewage.
(7) The Governor may
make regulations for the purpose of carrying this section into effect,
including regulations with respect to maintenance of any apparatus for the
treatment of sewage and charges in relation thereto, and regulations
prescribing fees to be paid with respect to applications and inspections for
the purposes of this section.
(8) Where an owner or
occupier installs apparatus for the treatment of sewage, a local government,
if satisfied that the installation of the apparatus renders unnecessary the
continuation of any sanitary service provided by the local government under
this Act, may remit or refund so much of any rate or charge as was imposed
under this Act in respect of the service so rendered unnecessary.
[Section 107, formerly section 88, amended: No. 50
of 1926 s. 7; renumbered as section 107: No. 38 of 1933 s. 42; amended: No. 21
of 1957 s. 6; No. 113 of 1965 s. 8(1); No. 28 of 1984 s. 45; No. 80 of 1987 s.
18; No. 59 of 1991 s. 11 and 20; No. 14 of 1996 s. 4; No. 28 of 1996 s. 7; No.
19 of 2016 s. 100.]