Western Australian Current Regulations Western Australian Current Regulations (1) Where a local
government receives a notification under regulation 9, the local
government shall, as soon as practicable after receiving that notification,
arrange for the apparatus to be inspected by an authorised officer to ensure
that the apparatus conforms with —
(a)
these regulations; and
(b) the
approval granted in respect of the apparatus.
(2) Where —
(a) an
authorised officer inspects an apparatus under this regulation and is
satisfied that it conforms to these regulations and the approval; and
(b) the
owner pays the fee set out in Schedule 1 item 3,
the local government
shall grant to the owner, in a form approved by the Chief Health Officer, a
permit to use the apparatus.
(2a) If the local
government has received a certificate of compliance that covers the drainage
plumbing work connected to the apparatus, the authorised officer is to be
satisfied as set out in subregulation (2)(a) in relation to the drainage
plumbing work, unless the officer has reason to believe that, despite the
certificate, the drainage plumbing work does not comply with the plumbing
standards.
(3) Where an
authorised officer inspects an apparatus under this regulation and is not
satisfied that the apparatus conforms with these regulations or the approval,
the authorised officer shall —
(a)
advise the owner as to what corrective works are necessary to ensure that the
apparatus does so conform; and
(b)
arrange for a further inspection of the apparatus by an authorised officer
within a period that allows the owner to undertake practicably the corrective
works.
(4) Where an
authorised officer inspects an apparatus under subregulation (3)(b) and
is not satisfied that the necessary corrective works have been
undertaken —
(a) the
authorised officer shall notify the local government of the failure to
undertake the corrective works; and
(b) the
local government may, upon receiving the notification under
paragraph (a), forward to the owner a written notice requiring the owner
to undertake those works or decommission the apparatus in accordance with
regulation 21.
(5) Where a local
government requires an owner to undertake corrective works or decommission the
apparatus under subregulation (4), the owner shall do so within the
prescribed time.
(6)
In subregulation (5) —
prescribed time means —
(a) in
the case where the owner has not, within 14 days of receiving notice of
the requirement —
(i)
made an application under regulation 22 for a review
of the requirement; or
(ii)
made an application for a review of the decision under
section 36 of the Act,
as soon as practicable
after the owner receives notice of the requirement; or
(b) in
the case where the owner has, within 14 days of the requirement, made an
application under regulation 22 for a review of the requirement, as soon
as practicable after the local government has —
(i)
determined that application; and
(ii)
provided to the owner written notification of that
determination;
or
(c) in
the case where the owner has made an application for a review of the decision
under section 36 of the Act, as soon as practicable after the State
Administrative Tribunal has made a final decision in relation to the
application.
[Regulation 10 inserted: Gazette
29 Jul 1997 p. 4072‑3; amended: Gazette
25 Jun 2004 p. 2241; 28 Jun 2004 p. 2395;
30 Dec 2004 p. 6937-8; 10 Jan 2017 p. 287 and
287‑8.]