Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a local
government, if requested so to do by the Minister, fails to give to an owner
or occupier of land a notice under the provisions of section 33(1), the
Authority may give the notice and thereafter subsections (3) and (4) of
that section mutatis mutandis apply and have effect as if they were
expressly incorporated in this section.
(2) Where a local
government, in compliance with a request by the Minister, gives to an owner or
occupier of land a notice under section 33(1), if the owner or occupier
fails to comply with the requirements of the notice, and the local government
fails to exercise its powers under subsection (4) of that section, the
Authority may by its servants or agents exercise all the powers which the
local government may exercise to ensure that the requirements of the notice
are properly carried out.
(3) Where the
Authority in exercise of the power conferred on it by subsection (2)
incurs any costs and expenses, the amount of the costs and expenses so
incurred shall be ascertained and fixed by the Authority.
(3B) A certificate
signed by the Chief Executive Officer is evidence of the amount referred to in
subsection (3) and the Authority may recover the amount in a court of
competent jurisdiction as a debt due from the local government or from the
owner or occupier of the land in respect of which the notice has been given,
as the Authority may at its option elect.
(4) Where in
accordance with subsection (3B) the Authority takes proceedings against,
and obtains a judgment against, the local government, the local government has
no recourse against, or right of contribution by, the owner or occupier of
land under this section in respect of the judgment.
(5) Where, in the
opinion of the Authority, a local government fails or neglects to carry out
its duties, exercise its powers or perform its functions under the provisions
of this Part, the Authority may, if it deems it necessary, instruct a bush
fire liaison officer to take such action as he considers necessary to remedy
the default or neglect.
(6) The Authority may
recover in a court of competent jurisdiction the amount of the expenses
incurred by the liaison officer in remedying the default or neglect of the
local government as a debt due by it to the Authority.
[Section 35 amended by No. 65 of 1977
s. 34 and 47; No. 60 of 1992 s. 11; No. 14 of 1996
s. 4; No. 42 of 1998 s. 16; No. 19 of 2010 s. 52(4).]
[Heading amended by No. 14 of 1996
s. 4.]