Western Australian Current Acts Western Australian Current Acts (1) This section
applies when a notice is given under section 3.25(1).
(2) If the person who
is given the notice ( notice recipient ) fails to comply with it, the local
government may do anything that it considers necessary to achieve, so far as
is practicable, the purpose for which the notice was given.
(3) The local
government may recover the cost of anything it does under subsection (2) as a
debt due from the person who failed to comply with the notice.
(4) If a notice
recipient —
(a)
incurs expense in complying with any requirement of the notice; or
(b)
fails to comply with such a requirement and, as a consequence, is fined or has
to pay to a local government the cost it incurs in doing anything under
subsection (2),
the notice recipient
may apply to a court for an order under subsection (6).
(5) In subsection (4)
—
court means a court that would have jurisdiction
to hear an action to recover a debt of the amount of the expense, fine or cost
sought to be recovered by the notice recipient.
(6) On an application
under subsection (4) the court may order —
(a) if
the notice recipient is the owner, the occupier; or
(b) if
the notice recipient is the occupier, the owner,
to pay to the notice
recipient so much of that expense, fine or cost as the court considers fair
and reasonable in the circumstances.
(7) In determining
what is fair and reasonable the court is to have regard to —
(a) the
type of land involved; and
(b) the
terms on which the occupier is occupying the land; and
(c) any
other matter the court considers to be relevant.
[Section 3.26 amended: No. 1 of 1998 s. 10.]