Western Australian Current Acts Western Australian Current Acts Where any trade
process, whether an offensive trade or not, has been established in any
district, and is of such a nature that the carrying on thereof will
unavoidably result in fumes, dust, vapour, gas, or other chemical elements
which, in the opinion of the Chief Health Officer, are likely to be injurious
to health, escaping into the air, the Governor may, on the recommendation of
the Chief Health Officer, by proclamation —
(a)
define any area surrounding the place where such trade process is carried on,
within which, after the issue of the proclamation and whilst the same remains
unrevoked, no dwelling-house shall be erected or used for habitation; and
(b)
define any area surrounding the place where such trade process is carried on,
within which, after the issue of the proclamation and whilst the same remains
unrevoked, no rainwater tanks shall be erected or used, and no rainwater shall
be collected or stored for human consumption:
Provided that, where
any dwelling-house has, prior to the issue of a proclamation under this
subsection, been erected within the area defined by such proclamation as an
area within which dwelling-houses shall not be erected or used, the Chief
Health Officer may, notwithstanding the proclamation, grant a permit in
writing signed by him to any person to use such dwelling-house for purposes of
habitation, upon and subject to such conditions as the Chief Health Officer
may deem fit to impose and which are specified in the permit so granted.
[Section 194 inserted as section 158A: No. 30 of
1932 s. 26; renumbered as section 194: No. 38 of 1933 s. 42; amended: No. 28
of 1984 s. 45; No. 19 of 2016 s. 100.]