Western Australian Current Acts Western Australian Current Acts For the purpose of the
construction, extension, maintenance, repair, alteration, or improvement of
any such works, the local government, and all persons acting with its
authority, may enter upon any lands and —
(a) make
surveys and take levels of the same and set out such parts thereof as they may
think fit;
(b) may
dig or break up the soil of such lands, and trench and fence in the same, and
remove or use any earth, stones, trees, and other things taken therefrom;
(c)
erect buildings, pumping stations, and pumping machinery;
(d)
make, maintain, alter, or discontinue drains and culverts upon any lands
authorised to be taken;
(e)
construct, alter, and maintain under any street, and through, across, or under
any land any sewer pipes or drains;
(f) open
and break up the soil of any streets or of any land, and excavate and sink
trenches for the purpose of laying down, making, and constructing sewers,
pipes, and drains therein;
(g)
cause any sewers to discharge upon any such land as may be required by the
local government for that purpose, or to communicate with the sea, or any arm
thereof, or with any river or watercourse, either within or without the limits
of the district of the local government;
(h)
open, cleanse, and repair such sewers, pipes, and drains, or alter the
position and construction thereof;
(i)
make any sewers or drains from any main sewer laid in any
street into any dwelling-house, public or private building or other premises
for the purpose of cleansing and draining any such house, building, or
premises by means of such sewers or drains;
(j) do
all such other acts, matters, and things as the local government may deem
proper for making, repairing, completing, or improving any such works:
Provided that nothing
herein contained shall authorise the local government to make use of any
sewer, drain, or outfall for the purpose of conveying any sewage or sullage
water into any river, natural stream, watercourse, lake, or pond until such
sewage or sullage water is freed from all excrementitious or other foul or
noxious matter as would affect or deteriorate the purity and quality of the
water in the river, stream, watercourse, lake or pond:
Provided further, that
the local government shall make to every person, or to any other local
government aggrieved, compensation for any actionable damage actually
sustained by any such person or local government through the exercise of the
powers conferred by this Act, but any dispute as to the right of such person
or local government to receive compensation or the amount thereof shall be
heard and determined under the provisions of Part 10 of the
Land Administration Act 1997 .
[Section 62 inserted: No. 38 of 1933 s. 19 and 42;
amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 32(1); No. 55 of 2004 s. 481.]
Limited or party schemes
[Heading inserted: No. 38 of 1933 s. 19.]