Western Australian Current Acts Western Australian Current Acts (1) When it shall
appear to any local government that the use of any sewer constructed or to be
constructed by the local government will be confined to the owners or
occupiers of a limited number of premises, and will not be general, then the
local government may enter into agreements relating to the use of the sewer
with the respective owners of such premises.
(2) Any such agreement
shall provide for the drainage into the sewer of sewage and liquid waste from
the premises, and may provide for the local government constructing and
providing any drain to connect the premises with the sewer.
(3) In every such
agreement there shall be contained an undertaking on the part of the owner to
pay to the local government such annual sum as may in accordance with the
agreement of the parties be necessary to cover —
(a) a
reasonable instalment of a due proportion of the cost of making and providing
the sewer and any incidental works;
(b)
interest at such reasonable rate as may be stipulated on such proportion of
the cost;
(c) the
expenses of the local government for the year in maintaining and operating
such sewer and works:
Provided that, in so
far as the local government has expended loan moneys on the construction and
provision of such sewer and works, the period over which such instalments
shall be payable shall not extend beyond the period of the loan, and the rate
of interest to be charged shall not exceed by more than 0.5% that payable on
the loan.
(4) In the event of
any person subsequently availing himself of the use of the sewer under
agreement with the local government, any person who has entered into a prior
agreement may apply to the local government for a revision and adjustment of
the amount to be paid by him thereunder, and, in the event of no agreement
thereon being arrived at within 2 months, then the application, and all
questions connected therewith, shall be deemed to have been referred by the
parties to arbitration under the Commercial Arbitration Act 2012 .
(5) Whenever, in the
opinion of the local government, the amount of any noxious or waste matter
discharged into any sewer from any premises is greater than was estimated at
the time any such agreement was entered into the local government may, by
notice in writing served on the owner, increase the amount to be paid by the
owner, pursuant to any agreement, and the remaining payments to fall due under
the said agreement shall be adjusted accordingly; provided that if the owner
concerned considers the increased amount excessive he may, within 2 months
after the service on him of the notice, serve a notice on the local government
requiring the question of what (if any) is a fair sum by way of increase, and
all questions connected therewith to be submitted to arbitration, and the
provisions of the Commercial Arbitration Act 2012 , shall apply as if the
parties had agreed to a reference of such question.
The provisions of this
subsection shall apply retrospectively as well as prospectively, and in their
retrospective operation shall include all agreements made under section 53B 4
of the Health Act 1911 , or made since 4 January 1934.
(6) Any amount payable
to the local government under any such agreement shall be and remain until
paid a charge upon the premises to which the agreement refers, and on all the
owner’s estate and interest therein, as if the agreement had contained
an express charge to that effect, and the personal obligation to make the
payments stipulated for in the agreement, and to perform and observe the terms
thereof, shall be binding not only on the original party but on every
subsequent owner of the premises, but so that no person shall be personally
liable for the making of any payment or the discharge of any obligation which
shall accrue due or arise after he has ceased to be owner of the premises.
(7) The obligations of
the local government under any such agreement shall be enforceable by the
owner for the time being of the premises as if had been entered into with him.
(8) Nothing in this
section shall deprive the local government of any power of imposing any rate,
except in so far as any such agreement as aforesaid may impose a restriction
on such power for the benefit of any person liable under or entitled to the
benefit of such agreement.
(9) In the event of
the ownership of any premises to which an agreement refers becoming divided
between 2 or more persons, then the benefit and burden of the agreement may be
so apportioned and adjusted between the owners as the Minister may determine,
and the Minister’s determination shall have effect as if embodied in an
agreement under this section.
[Section 64 inserted: No. 38 of 1933 s. 21 and 42;
amended: No. 16 of 1935 s. 4; No. 109 of 1985 s. 3(1); No. 14 of 1996 s. 4;
No. 23 of 2012 s. 45.]