❓ A parliamentary question regarding the Minister's inaction on the deteriorating Guildford Hotel, a state heritage-listed building. The Minister clarifies legislative responsibilities and actions taken by the City of Swan.
AnsweredQoN 7918Legislative Assembly
QuestionView source ↗
In relation to the Minister's failure to act to prevent deterioration of the State heritage-listed Guildford Hotel, I ask:
(a) is the Minister aware that on 2 April 2012 provisions in the
Local Government Act 1995
were transferred into the
Building Act 2011
, where section 112 enables local permit authorities to make building orders to compel owners of buildings which are in a dangerous state or unfit for human occupation to, among other things, renovate or repair the buildings;
(b) is the Minister aware that signs have been erected on the State heritage-listed Guildford Hotel stating that there is a danger from falling materials;
(c) why hasn't the Minister used his position to demand that action is taken to renovate and repair the Guildford Hotel to eliminate the dangerous state it is now in;
(d) will the Minister now acknowledge that roofing the Guildford hotel is the quickest way to ensure that its heritage fabric and materials cease being eroded (as it is now in its fourth winter exposed to the elements), and prevent falling from the building, presenting a dangerous state?
(a) is the Minister aware that on 2 April 2012 provisions in the
Local Government Act 1995
were transferred into the
Building Act 2011
, where section 112 enables local permit authorities to make building orders to compel owners of buildings which are in a dangerous state or unfit for human occupation to, among other things, renovate or repair the buildings;
(b) is the Minister aware that signs have been erected on the State heritage-listed Guildford Hotel stating that there is a danger from falling materials;
(c) why hasn't the Minister used his position to demand that action is taken to renovate and repair the Guildford Hotel to eliminate the dangerous state it is now in;
(d) will the Minister now acknowledge that roofing the Guildford hotel is the quickest way to ensure that its heritage fabric and materials cease being eroded (as it is now in its fourth winter exposed to the elements), and prevent falling from the building, presenting a dangerous state?
AnswerView source ↗
Answered
19 June 2012
Responded by
Minister for Heritage
Response time
35 days
(a) Provisions from the
Local Government (Miscellaneous Provisions) Act 1960
were transferred to
the Building Act 2011
, not from the
Local Government Act 1995
.
(b) Yes.
The building has been pinned, braced, scaffolded and fenced in compliance with a Dangerous Building Notice issued by the City of Swan on 4 December 2009 under section 403 of the
Local Government (Miscellaneous Provisions) Act 1960
. These building stabilisation works included the erection of a gantry over the footpath to mitigate the risk to the public of any falling material. Any signage that would warn the public of a risk would seem to complement these physical measures.
(c) The
Heritage of Western Australia Act 1990
does not empower either the Minister for Heritage or the Heritage Council to demand or compel an owner to initiate works to repair a building. The
Local Government Act 1995
does not empower the Minister for Local Government to demand or compel a local government to exercise its discretionary powers under the
Local Government Act 1995
, the recently repealed provisions of the
Local Government (Miscellaneous Provision) Act 1960
or any other legislation, such as the
Building Act 2012
.
As outlined in part (b) the City of Swan took appropriate action under the
Local Government (Miscellaneous Provisions) Act 1960.
The building is subject to six monthly inspections and reports by an engineer to ensure that there is no danger to the public.
(d) I made my position that the building should be re-roofed without delay very clear to the owners at an on-site meeting on 7 April 2010, and have been consistent that this should occur since the building was damaged.
There has not, however, been any suggestion that roofing of the building is necessary for the safety of the public.
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Local Government (Miscellaneous Provisions) Act 1960
were transferred to
the Building Act 2011
, not from the
Local Government Act 1995
.
(b) Yes.
The building has been pinned, braced, scaffolded and fenced in compliance with a Dangerous Building Notice issued by the City of Swan on 4 December 2009 under section 403 of the
Local Government (Miscellaneous Provisions) Act 1960
. These building stabilisation works included the erection of a gantry over the footpath to mitigate the risk to the public of any falling material. Any signage that would warn the public of a risk would seem to complement these physical measures.
(c) The
Heritage of Western Australia Act 1990
does not empower either the Minister for Heritage or the Heritage Council to demand or compel an owner to initiate works to repair a building. The
Local Government Act 1995
does not empower the Minister for Local Government to demand or compel a local government to exercise its discretionary powers under the
Local Government Act 1995
, the recently repealed provisions of the
Local Government (Miscellaneous Provision) Act 1960
or any other legislation, such as the
Building Act 2012
.
As outlined in part (b) the City of Swan took appropriate action under the
Local Government (Miscellaneous Provisions) Act 1960.
The building is subject to six monthly inspections and reports by an engineer to ensure that there is no danger to the public.
(d) I made my position that the building should be re-roofed without delay very clear to the owners at an on-site meeting on 7 April 2010, and have been consistent that this should occur since the building was damaged.
There has not, however, been any suggestion that roofing of the building is necessary for the safety of the public.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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