Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where clearing is
carried out on any land contrary to this Part and, although no person has yet
been convicted of an offence against section 12B(1) by reason of the
clearing —
(a) the
time for commencing a prosecution for such an offence has not elapsed; or
(b) the
time for commencing a prosecution for such an offence has elapsed but a
prosecution for such an offence that was commenced within time has not been
disposed of,
the Minister may
deliver a memorial in the prescribed form to the Registrar of Titles, or the
Registrar of Deeds (as the relevant category of title may require), who shall,
without payment of a fee, register the memorial and endorse or note the title
and land register or record in respect of the land in such manner as will
ensure that a person searching the title to that land receives notice that the
land may become the subject of an order under section 12B(2).
(2) A memorial
delivered under subsection (1) shall specify the land cleared and contain
a warning that if a person is convicted of an offence by reason of the
clearing an order for the restoration of the land is liable to be made.
(3) Where in respect
of land no memorial is registered and recorded under subsection (1) a
person may apply to the Minister in writing for a certificate to the effect
that up to a date specified in the certificate no clearing in respect of which
an order under section 12B(2) will be requested by the Minister has been
carried out on the land, and the Minister shall be bound by any certificate
given by the Minister, a former authority, the former Department or the Under
Secretary of the former Department in response to an application under this
subsection.
[Section 12BA inserted by No. 75 of 1980
s. 5; amended by No. 63 of 1981 s. 4; No. 41 of 1984
s. 8; No. 25 of 1985 s. 89 and 90; No. 73 of 1995
s. 47; No. 31 of 1997 s. 18(1); No. 84 of 2004 s. 80;
No. 38 of 2007 s. 8 and 23.]