Western Australian Current Acts Western Australian Current Acts (1) The local
government may, after giving the prescribed notice to the owner or occupier of
any land, require such drains and fittings to be constructed by the owner or
occupier within such time as it may limit in that behalf, and may require
ventilating shafts, pipes, or tubes to be attached to any building or erected
apart from or otherwise than attached to any building and to be connected with
the drains.
(2) If the same shall
not be constructed within such time or according to such plans and directions
as the local government shall think proper, the local government may construct
and attach the same, and for that purpose may enter into or upon the land of
any such owner or occupier and excavate the ground, and make and construct and
attach such drains and fittings, and may attach any such ventilating shafts,
pipes, or tubes as aforesaid.
(3) The local
government may in such case recover from every such owner or occupier in any
court of competent jurisdiction, the full amount of the expenses of making
such drains and fittings, or attaching or connecting such ventilating shafts,
pipes, or tubes, together with interest at such rates as may be prescribed,
but not exceeding by more than 0.5% the rate of interest on any loan moneys
expended in carrying out such work; and the cost of providing, laying down,
constructing, and fixing in readiness for use such drains and fittings shall,
as between the owner and occupier of the land, be payable by the owner.
(4) All such moneys,
together with interest as aforesaid, shall be a charge on the lands in respect
of which they were expended.
[Section 73 inserted: No. 38 of 1933 s. 30 and 42;
amended: No. 14 of 1996 s. 4.]