Western Australian Current Acts Western Australian Current Acts (1) Subject to the
express provisions of section 72, when there exists in any district any sewer
(whether constructed by or under the control of the local government or not)
ready for use and suitable for the removal of sewage on the water-carriage
system, then the local government may, by notice in writing, require the owner
of any house or land situated in the district within 91 m of the sewer, and
capable, in the opinion of the local government, of being drained into such
sewer, to provide for the removal of sewage from such house or land, and for
that purpose to construct and provide, within a time specified in the notice,
such drains and fittings as the authority having control of such sewer shall
deem necessary, and to connect such drains with the sewer.
(2) Such drains and
fittings shall be constructed and connected and be supplied with water in
accordance with the laws and regulations applicable to the sewer, and in
conformity with any directions given by the authority controlling the sewer.
(3) It shall be the
duty of any owner to whom any such notice as aforesaid is given to comply with
that notice within the time specified therein, and to carry the same into
complete effect.
(4) If a notice given
under this section is not complied with, the local government may, after the
expiration of the time specified in the notice, do the work required, and for
that purpose may enter into or upon the house or land of the owner and
excavate the ground and construct and provide such drains and fittings and
connect such drains with the sewer.
(5) The local
government may recover from the owner in any court of competent jurisdiction
the full amount of the expenses incurred by it in constructing and providing
such drains and fittings and connecting such drains to the sewer pursuant to
subsection (4), with interest at a rate, if loan moneys are expended in
carrying out the work, not exceeding by more than 0.5% the rate of interest
payable on the loan but otherwise at such rate as the Minister may approve,
and such amount and interest shall be and remain a charge upon the land in
respect of which the expenses were so incurred, notwithstanding any change
that may take place in the ownership of that land.
[Section 81 inserted: No. 38 of 1933 s. 38 and 42;
amended: No. 8 of 1965 s. 2; No. 94 of 1972 s. 4(1) (as amended: No. 83 of
1973 s. 4); No. 14 of 1996 s. 4.]