Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this section —
Commissioner means the Commissioner of Main Roads;
light includes any fire, lamp, light, illuminated
sign, street light, or other mechanical manufactured or constructed
illumination, and also the glow from any such light;
owner includes the owner, lessee, tenant,
purchaser, hirer, or other person in possession or entitled to the possession
of a light, and, in the case of a street light, means the local government of
the district in which such street light is erected or installed.
(2) Where any light is
used, kept, burnt, or exhibited at any place or in such a manner as in the
opinion of the Commissioner to be likely to confuse or create circumstances or
conditions likely to interfere with adversely or to cause risk of danger to
the traffic of persons or vehicles on any road, the Commissioner may by notice
in writing require the owner of or the person in charge of such light or the
occupier of the place or premises where such light is used, kept, burnt, or
exhibited within a time specified in the notice to take effectual
means —
(a) to
extinguish the light; or
(b) to
remove the light entirely or to some other position; or
(c) to
modify the light or to alter its character or colour, or to screen the light
to such an extent and in such manner as the Commissioner may direct; or
(d) to
refrain from using, keeping, burning, or exhibiting the light either entirely
or for such period or during such hours as the Commissioner may direct; or
(e) to
do or refrain from doing such other act, matter, or thing in relation to
using, keeping, burning, or exhibiting the light as the Commissioner may
direct and in accordance with his directions.
(3) Any notice under
subsection (2) may be served, either personally or by delivery, at the
place of abode of the person to be served, or by affixing it in some
conspicuous place on or near the place or premises upon or in which the light
to which the notice relates is used, kept, burnt, or exhibited.
(4) It shall be the
duty of the owner or occupier or other person served with a notice under
subsection (2) to comply with such notice.
(5) Every owner,
occupier, or other person on whom a notice is served under subsection (2)
who fails without reasonable cause (proof whereof shall lie upon him) to
comply in all respects with the directions contained in the notice shall be
guilty of an offence against this Act.
Penalty: 8 PU, and, in addition, a daily penalty
of 1 PU for every day or part of a day during which the directions
contained in the notice are not complied with after the time specified in the
notice for the compliance therewith.
(6) If any owner,
occupier, or other person served with a notice under subsection (2) fails
in any respect to comply with the directions of such notice within the time
specified in the notice for such compliance, the Commissioner or any person
authorised in writing by the Commissioner may enter upon the place or premises
whereon the light to which the notice relates is used, kept, burnt or
exhibited, and forthwith take effectual means (but doing no unnecessary
damage) to carry out and otherwise give effect to the directions contained in
the notice which have not been complied with as aforesaid.
(7) Any expense
incurred by the Commissioner or the person authorised by the Commissioner
under subsection (6) shall be a debt owing to the Commissioner by the
person upon whom the notice was served and shall be recoverable at the suit of
the Commissioner in any court of competent jurisdiction.
(8) If the owner,
occupier, or other person upon whom the notice under subsection (2) has
been served, or any other person obstructs or hinders, prevents, or interferes
with or attempts to obstruct, hinder, prevent, or interfere with the
Commissioner or the person authorised by the Commissioner in the exercise of
the power conferred by subsection (6), he shall be guilty of an offence
against this Act.
Penalty: 8 PU.
(9) Where any owner,
occupier, or other person upon whom a notice under subsection (2) has
been served has failed within the time specified in such notice to comply with
the directions of such notice, and by reason of such non-compliance and by
reason of the light to which the said notice relates confusing or creating
circumstances or conditions which interfered with adversely or caused risk of
danger to the traffic of persons, animals, or vehicles on a road, any person
suffers injury to the person or damage to his property, the non-compliance
with the said notice shall, for the purpose of enabling the person who has
suffered such injury or damage to recover compensation or damages in respect
of the injury or damage suffered, be deemed to be a tort in the nature of a
nuisance committed by the owner, occupier, or other person upon which an
action for damages may be instituted.
(10) The omission on
the part of the Commissioner to give any notice under subsection (2), or
the failure on the part of the Commissioner to exercise the power conferred by
subsection (6) shall not make the Commissioner in any respect responsible
or liable for any injury to the person or damage to property suffered as the
result of any light confusing or creating circumstances or conditions which
interfered with adversely or caused risk of danger to the traffic of any
person or vehicle on a road.
[Section 87 amended by No. 11 of 1988
s. 24; No. 14 of 1996 s. 4; No. 50 of 1997 s. 13.]
[ 88. Deleted by No. 50 of 1997 s. 10.]
[ 89. Deleted by No. 70 of 2004 s. 82.]