Western Australian Consolidated Acts Western Australian Consolidated Acts In every case where,
under the foregoing provisions or powers of this Part, any building, animal,
or thing is destroyed by direction of the Executive Director, Public Health or
the local government, the owner shall be entitled to compensation to the
extent and subject to the conditions following, that is to say:
(1) The compensation
shall not exceed the actual market-value of the building, animal, or thing
destroyed.
(2) If the destruction
has been rendered necessary by reason of any breach or neglect of duty, or of
the ordinary rules of sanitary carefulness or cleanliness on the part of the
owner or of any person for whose acts or defaults the owner is responsible,
then no compensation shall be payable.
(3) If, in the case of
buildings, the destruction thereof has been rendered necessary by reason of
any such breach or neglect as aforesaid on the part of the occupier of the
building, or of any person for whose acts or defaults the occupier is
responsible, then the compensation shall be payable by the occupier.
(4) If the destruction
has been rendered necessary by reason of any such breach or neglect aforesaid
on the part of the local government, then the compensation shall be payable by
such authority.
(5) If the destruction
has been rendered necessary, in the interests of the public health, and
without any such breach or neglect as aforesaid, then the compensation shall
be payable out of moneys to be appropriated by Parliament for the purpose.
(6) All questions and
disputes relating to claims for compensation shall, in the prescribed manner,
be heard and determined by the Magistrates Court.
[Section 259 amended by No. 28 of 1984
s. 45; No. 14 of 1996 s. 4; No. 59 of 2004 s. 141.]