Western Australian Consolidated Acts Western Australian Consolidated Acts A nuisance shall be
deemed to be created in any of the following cases —
(1) where a pool,
ditch, gutter, watercourse, sanitary convenience, or drain is so foul or out
of repair, or otherwise in such a state as to be offensive or injurious or
dangerous to health; or
(2) where any animal
is so kept as to be a nuisance or injurious or dangerous to health; or
(3) where there exists
an accumulation or deposit which is offensive or injurious or dangerous to
health; or
(4) where any house or
premises are in such a state as to be a nuisance or injurious or dangerous to
health; or
(5) where any way,
lane, passage, yard, land, or premises are in such a state in regard to
drainage as to be offensive or injurious or dangerous to health; or
(6) where any house or
part thereof is so overcrowded as to be injurious or dangerous to the health
of the inmates; or
(7) where any factory,
workroom, laundry, shop, office, warehouse, or other business-place, or any
portion thereof —
(a) is
so structurally defective, or is so dilapidated as to be unsafe or dangerous
or injurious to the health of the inmates; or
(b) is
so unclean as to be offensive or injurious or dangerous to health; or
(c) is
not with regard to the inmates sufficiently supplied with fresh air; or
(d) is
not so ventilated as to render harmless, as far as practicable, all gases,
fumes, dust, or other impurities generated in the course of the work carried
on therein; or
(e) is
so overcrowded as to be injurious or dangerous to the health of the persons
employed therein; or
(f) is
insufficiently supplied with natural light; or
(g) is
not provided with sufficient sanitary conveniences;
or
(8) where any house or
premises are in such a state as to harbour rats; or
(9) where an offensive
trade is so carried on as to be injurious or dangerous to health or
unnecessarily offensive to the public; or
(10) where any
fireplace or furnace is used in working engines by steam or in any
manufacturing or trade process whatever and does not as far as practicable
consume its own smoke; or
(11) where any chimney
sends forth smoke in such quantity or of such a nature as to be offensive to
the public, or injurious or dangerous to health; or
(12) where any
drainage falls into any harbour or river or on to any foreshore so as to be
offensive or injurious or dangerous to health; or
(13) where any
building or portion of any building set aside for the purpose of parking more
than 3 vehicles is not so ventilated as to prevent the presence therein of
carbon monoxide in excess of the concentration that is prescribed for the
purposes of this subsection,
and any such nuisance
may be abated and dealt with under any of the provisions of this Act
applicable for the purpose:
Provided that in
summary proceedings under this Act, as hereinafter provided, it shall be a
sufficient defence if the accused satisfies the court of summary
jurisdiction —
(a) in
the case of an alleged nuisance under subsection (3), that the
accumulation or deposit is incident to the reasonable and proper carrying-on
of a trade, and also that it has not been kept longer than was necessary, and
also that the best practicable means have been taken to prevent a nuisance and
injury to health, and also that no danger to health exists; or
(b) in
the case of an alleged nuisance under subsection (9), that the
offensiveness is not greater than might reasonably be expected, having regard
to the nature of the trade, and also that the best practicable means have been
used to minimise the offensiveness and abate any nuisance, and also that no
danger to health exists; or
(c) in
the case of an alleged nuisance under subsection (10) that the fireplace
or furnace is so constructed as to consume its own smoke as far as
practicable, having regard to the nature of the process in connection with
which the fireplace or furnace is used, and also that it has been carefully
attended to by a competent person, and also that no danger to health exists.
Every person by whose
act, default, or sufferance any nuisance within the meaning of this Act arises
or continues commits an offence.
[Section 182 amended by No. 2 of 1975
s. 5; No. 80 of 1987 s. 48; No. 61 of 2004 s. 4;
No. 59 of 2004 s. 141; No. 84 of 2004 s. 82.]