Western Australian Consolidated Acts Western Australian Consolidated Acts (1) As between the
owner and occupier or successive owners and occupiers of private land the
expense of controlling declared plants or declared animals on and in relation
to the land in compliance with a direction contained in a notice served under
section 50, whether the controlling be done by the owner or occupier or
the Protection Board, shall, subject to the provisions of any agreement
between the owner or occupier or successive owners and occupiers, be borne in
such proportions as shall be prescribed, and until prescribed, as shall be
determined by the Protection Board, which shall notify the parties concerned
of its decision forthwith on the making thereof.
[(2) deleted]
(3) A party paying
more than his proportion, may recover the excess from the other by action in a
court of competent jurisdiction.
(4) An owner having
only a partial interest or a particular estate in the land may apply to the
Protection Board for it to declare what portion of any expense of or
incidental to the control of declared plants and declared animals on and in
relation to the land paid or to be paid by the owner is to be borne by any
other person having a partial interest or an estate in the land, and the
Protection Board may, subject to the provisions of this Act, make such
declaration as in the circumstances it considers just, and an owner paying, or
who has paid, more than that owner’s proportion of the expenses as
declared by the Protection Board may, by action in a court of competent
jurisdiction, recover the excess from any person the Protection Board declares
to be liable to pay it.
(5) A party
dissatisfied with a decision of the Protection Board under subsection (1)
or (4) may apply to the State Administrative Tribunal for a review of the
decision.
[Section 54 amended by No. 55 of 2004
s. 25.]