Western Australian Current Acts

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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 184

184 .         Mode of dealing with nuisances

                Subject as last aforesaid, any nuisance may be dealt with in manner following, that is to say:

        (1)         On the report of any authorised officer or other person that the nuisance exists on any premises, the local government may, and, if the Chief Health Officer so requires, shall, by requisition to the owner and occupier of the premises, require them to abate the nuisance in the manner and within the time specified in the requisition.

        (2)         The owner and occupier are hereby jointly and severally empowered and required to comply with the requisition, and do whatever is necessary in order to effectually abate the nuisance.

        (3)         If default is made in duly complying with the requisition within the time specified therein, then the owner and occupier each commits an offence.

        (4)         If such default occurs, the local government shall cause the requisite work to be done at the expense in all things of the owner and occupier, who shall be jointly and severally liable therefor.

        (5)         All such expenses shall be recoverable by the local government from the owner and occupier by action in a court of competent jurisdiction, and until paid shall be a charge on the house and buildings, and also on the land on which the same is built or to which it appertains.

        [Section 184, formerly section 148, renumbered as section 184: No. 38 of 1933 s. 42; amended: No. 113 of 1965 s. 8(1); No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 80 of 1987 s. 49; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4; No. 59 of 2004 s. 141; No. 19 of 2016 s. 99 and 100.]



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