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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Yallingup Foreshore Land Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. Definitions 2
4. Yallingup foreshore land validly and effectively
resumed 2
5. Certain repealed provisions do not apply to Yallingup
foreshore land 2
6. Certain current provisions do not apply to Yallingup
foreshore land 3
7. Treasurer may make payment in respect of legal costs
incurred in relation to Yallingup foreshore land 3
page i
99--1
Western Australia
LEGISLATIVE ASSEMBLY
Yallingup Foreshore Land Bill 2002
A Bill for
An Act to make provision about the resumption of, and the
application of certain provisions to, certain land in the vicinity of the
Yallingup foreshore, and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Yallingup Foreshore Land
Act 2002.
page 1
Yallingup Foreshore Land Bill 2002
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Definitions
5 In this Act --
"land" means the land at Yallingup that was the subject of a
land resumption notice published in the Gazette on
9 December 1938 at page 2112;
"liability" includes a duty or obligation;
10 "resumption" means the resumption of the land that took
effect, or purported to take effect, under the Public Works
Act 1902 on 9 December 1938;
"right" includes an interest or status.
4. Yallingup foreshore land validly and effectively resumed
15 (1) Subsection (2) applies if, and to any extent to which, the
resumption was invalid or ineffective.
(2) The rights and liabilities of all persons are declared to be, and
always to have been, the same as if the resumption had been
valid and effective in all respects.
20 5. Certain repealed provisions do not apply to Yallingup
foreshore land
(1) The rights and liabilities of all persons are declared to be, and
always to have been, the same as if the repealed provisions
never applied to the land.
page 2
Yallingup Foreshore Land Bill 2002
s. 6
(2) In subsection (1) --
"repealed provisions" means --
(a) the provision that was enacted as section 29 of the
Public Works Act 1902 and repealed by the Public
5 Works Act Amendment Act 1955;
(b) the provision that was enacted as section 29 of the
Public Works Act 1902 by the Public Works Act
Amendment Act 1955 and repealed by the Acts
Amendment (Land Administration) Act 1997;
10 (c) the provision that was enacted as section 29A of the
Public Works Act 1902 by the Public Works Act
Amendment Act 1955 and repealed by the Acts
Amendment (Land Administration) Act 1997; and
(d) the provision that was enacted as section 29B of the
15 Public Works Act 1902 by the Public Works Act
Amendment Act 1965 and repealed by the Acts
Amendment (Land Administration) Act 1997,
and includes those provisions as they were in effect at any
time.
20 6. Certain current provisions do not apply to Yallingup
foreshore land
(1) Sections 190 and 191 of the Land Administration Act 1997 do
not apply to the land.
(2) The rights and liabilities of all persons are declared to be, and
25 always to have been, the same as if sections 190 and 191 of the
Land Administration Act 1997 never applied to the land.
7. Treasurer may make payment in respect of legal costs
incurred in relation to Yallingup foreshore land
(1) The Treasurer of the State may make payment in such amount
30 as the Treasurer considers to be appropriate in respect of legal
costs incurred in proceedings of a kind referred to in
page 3
Yallingup Foreshore Land Bill 2002
s. 7
section 200(3) of the Land Administration Act 1997 in relation
to the land.
(2) Any money payable under a decision of the Treasurer under
subsection (1) is to be charged to the Consolidated Fund which
5 to the extent necessary is appropriated accordingly.
page 4
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