Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 78

No protection structure in or on other land without consent, court order or other authority

In force
Part 6Work affecting other land
Division 2Work affecting other land that requires consent, court order or other authority

78 No protection structure in or on other land without consent, court order or other authority

(1)

A person responsible for work must ensure that a temporary or permanent protection structure is not placed beyond the boundaries of the works land —

(a)

unless each owner of the land into or onto which the protection structure is placed consents to the protection structure being so placed and the protection structure is placed in accordance with the consent; or

(b)

unless the protection structure is placed in accordance with an order under section 86(2)(c) or a building order; or

(c)

unless the protection structure is required as a matter of urgency to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or

(d)

except in prescribed circumstances.

Penalty: a fine of $25 000.

(2)

A person responsible for work must ensure that, as soon as practicable after the placement of a temporary or permanent protection structure under subsection (1)(c), notice of the placement and the reason for it is given to each owner of the land into or onto which the protection structure is placed.

Penalty: a fine of $10 000.

(3)

A person responsible for work must ensure that, as soon as practicable after the placement of a permanent protection structure under subsection (1)(c), notice of the placement and the reason for it is given to the permit authority for the protection structure.

Penalty: a fine of $10 000.

[Section 78 amended: No. 37 of 2012 s. 19.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.