Western Australian Consolidated Acts (1) In cases in which
a notice is required to be given, a road shall not, except in case of
emergency, be opened or broken up except under the superintendence of the
local government having control thereof or its employee.
(2) Despite
subsection (1), if the employee of the local government, after such
notice, fails to attend at the time fixed for the opening or breaking up of
the road, or if the local government or its employee refuses or neglects to
superintend the work, the water board may perform the work specified in the
notice without such superintendence.
[Section 49 amended by No. 14 of 1996
s. 4; No. 19 of 2010 s. 51.]