Western Australian Consolidated Acts (1) A person shall
not, without the prior consent of the Corporation, erect, construct or place
any building, wall, fence or obstruction in, upon, under or within the
prescribed proximity to a main or reticulation pipe of the Corporation used
for the purposes of water supply and then only upon and subject to such terms
and conditions as the Corporation thinks fit to impose for the protection of
the pipe from interference or damage.
Penalty: $2 000 and in the case of a
continuing offence, a further penalty not exceeding $200 for each day the
offence continues after the Corporation serves notice of the offence on the
offender.
(2) The Corporation
may demolish and remove any building, wall, fence or obstruction which is
erected, constructed or placed in contravention of subsection (1) and
which interferes with or injuriously affects a pipe in the supply of water and
perform any works necessary for restoring or reinstating the pipe.
(3) In addition to any
penalty that may be imposed on an offender under subsection (1) the
offender shall also pay to the Corporation the expense incurred by it in
removing any building, wall, fence or obstruction or in re-opening, restoring,
repairing or reinstating a pipe pursuant to subsection (2).
[Section 43B inserted by No. 110 of 1985
s. 44; amended by No. 73 of 1995 s. 63.]