Western Australian Consolidated Regulations

FISH RESOURCES MANAGEMENT REGULATIONS 1995 - REG 79

79 .         Building standards, owners’ duties as to

        (1)         The owner of a building which is to be constructed in the reserve must ensure that all work to be undertaken on that building complies with the written laws of the State relating to the control of building works.

        (2)         Where, in the opinion of a fisheries officer, the owner of a building in the reserve fails to adequately maintain that building to an acceptable standard (other than a standard relating to structural soundness), the officer may order the owner to undertake, or cause to be undertaken, remedial work which —

            (a)         is sufficient to bring the building up to an acceptable standard; and

            (b)         must be completed within the time period set out in the order.

        (3)         Where a fisheries officer suspects that a building in the reserve does not meet the appropriate standard relating to structural soundness, a fisheries officer may order the owner to obtain, and produce to a fisheries officer, a report from a registered builder stating whether or not that building complies with the written laws of the State relating to the minimum structural requirements for that type of building.

        (4)         If a report obtained under subregulation (3) states that a building does not meet the minimum structural requirements for that type of building, a fisheries officer may order the owner to undertake, or cause to be undertaken, remedial work which —

            (a)         is sufficient in the opinion of a registered builder to bring the building up to the minimum standards; and

            (b)         must be completed within the time period set out in the order.

        (5)         A person who does not comply with an order under subregulation (2), (3) or (4) commits an offence.

        Penalty: Not less than $100 or more than $1 000.