Western Australian Current Regulations

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FISH RESOURCES MANAGEMENT REGULATIONS 1995 - REG 89

89 .         Service of r. 88 notice

        (1)         A notice under regulation 88(1) may be served on the owner of, the occupier of or the person in control of, an unauthorised structure (or all of them, as the case may be) —

            (a)         in person; or

            (b)         by post,

                in accordance with sections 75 and 76 of the Interpretation Act 1984 .

        (2)         Despite subregulation (1), where the owner, occupier or person in control of an unauthorised structure is unknown, or known to be absent from the State, the notice may be served by using the procedure in regulation 88(2), and, when the person to whom it is to be addressed is unknown, the notice may be addressed to “the person in or in control of” the unauthorised structure (identifying it) to which the notice refers, without further name or description.

        (3)         If more than one person is in apparent occupation or control of an unauthorised structure, it is sufficient to serve the notice on one of them and address it to that one with the addition of the words “and others” or “and another” as the case requires.

        (4)         Non‑service on the person in apparent control of the unauthorised structure does not affect the validity of service on the person in apparent occupation of the unauthorised structure, and non‑service on the person in apparent occupation of the unauthorised structure does not affect the validity of service on the person in apparent control of the unauthorised structure.



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