Western Australian Consolidated Acts

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COUNTRY AREAS WATER SUPPLY ACT 1947 - SECT 43B

43B .         Construction over water mains etc., Corporation’s consent needed for and demolition of etc.

        (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.]



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