5160GOVERNMENT GAZETTE, WA 3 November 2022

5160 GOVERNMENT GAZETTE, WA 3 November 2022 6.23 Responsibility of the owner or occupier The owner or occupier of the premises shall— (a) keep the premises and any person residing in or on the premises free from any arthropod vectors of disease; and (b) comply with the direction of an Authorised Officer to treat the premises, or anything on the premises, for the purpose of destroying any vectors of disease. 6.24 Local government may execute work and recover costs (1) Where— (a) a person is required under this part or directed by a notice given under this part to execute any work; and (b) that person fails or neglects to comply with the requirement, the local government may execute the work and recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1) may be recovered in a court of competent jurisdiction from that person. (3) The local government is not liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty. PART 7—INFECTIOUS DISEASES Division 1—General Provisions 7.1 Purpose of exercise of powers The powers under this Part are to be exercised for the purpose of preventing or controlling the spread of an infectious disease. 7.2 Authorised Officer may visit, inspect and report An Authorised Officer may visit and inspect any house, its occupants, fixtures and fittings, outbuildings, yards, drains and sewers connected with any house where an infectious disease has been identified or where an infectious disease is suspected in order to check or prevent the spread of any infectious disease. 7.3 Requirements on owner or occupier to clean, disinfect and disinfest An Authorised Officer may, by notice in writing, direct an owner or occupier of premises, within the time and in the manner specified in the notice, to clean, disinfect and disinfest— (a) the premises; or (b) such things in or on the premises as are specified in the notice; or both, to the satisfaction of an 7.4 Authorised Officer may disinfect or disinfest the premises (1) Where the local government or the Medical Officer is satisfied that any case of infectious disease has occurred on any premises, the local government or the Medical Officer may direct an Authorised Officer, other local government officer or other person to disinfect and disinfest the premises or any part of the premises and anything in or on the premises. (2) An owner or occupier of premises shall permit, and provide access to enable, an Authorised Officer, other local government officer or other person to carry out the direction given under subclause (1). (3) The local government may recover the cost of carrying out the work under this clause from the owner or occupier of the premises in or on which the work was carried out. (4) The local government is not liable to pay compensation or damages of any kind to the owner or occupier of premises in relation to any action taken by the local government of any of its staff under this clause, other than compensation or damages for loss or damage suffered because the local government or any of its staff acted negligently or in breach of duty. 7.5 Insanitary houses, premises and things (1) An owner or occupier of any house or premises shall maintain the house or premises free from any insanitary condition or thing. (2) Where the local government considers that a house is insanitary, it may, by notice in writing, direct an owner of the house, within the time and in the manner specified in the notice, to destroy or amend the house. (3) Where an Authorised Officer considers that— (a) a house or premises is not being maintained in a sanitary condition; or (b) anything is insanitary, the officer may, by notice in writing, direct, as the case may be— (i) the owner or occupier of the house or premises to amend any insanitary condition; or (ii) the owner or occupier of the thing to destroy or amend it, within the time and in the manner specified in the notice. (4) A person who is given notice under subclauses (2) or (3) shall comply with the terms of the notice.