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Prosecution Details

Offender Paul Steven Wessels
Trading Name Wes's Demolition & Salvage

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication Between 2/1/2005 and 14/1/2005 4th December 2006 3.117(2) 1.16(2)(a)(i) $1,200.00 4th December 2006
Description of Breach(es)

Did class 2 demolition work at Lot 50 (no 175) Yilgarn Avenue, Northam, without having been issued a class 1 or class 2 demolition licence; contrary to regulation 3.117(2) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The Accused is the operator of a demolition business. Sometime prior to 2 January 2005, the Accused was engaged by the Northam Race Club to perform demolition work at the Northam Race Club located at lot 50 (no 175) Yilgarn Avenue, Northam (the Premises).

Under the terms of the engagement, the Accused was to demolish the following structures located on the Premises: the old jockey's change rooms, a site office and a race observation tower ("the Old Race Club Buildings"). The jockey's change room was a two storey brick building. The site office was a demountable or movable building consisting of a steel base and walls constructed of hardiflex sheets affixed to a steel frame. The observation tower was a structure constructed of steel.

As the old jockey's change room and site office buildings were less than 10 metres in height and were not a single storey dwelling (Class 2 demolition work) only a licensed person could undertake the demolition. The height of the old observation tower cannot be precisely determined, but was in the vicinity of 10 or more metres.

On 2 January 2005, the Accused commenced demolition of the Old Race Club Buildings using an excavator. Demolition was completed by the Accused approximately 2 weeks later. Neither the Accused, nor any person he engaged to assist him in performing the demolition work had been issued with a Class 1 or Class 2 demolition licence.

The Accused pleaded guilty.




Outcome Summary

Convicted

Court Magistrates Court of Western Australia - Northam
Costs $545.70

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