Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In assessing any
claim for compensation under this Part regard shall be had to the requirement
that not less than one-tenth part of the land in question should, in the
interests of good agricultural and conservation practice, be left under tree
cover including the indigenous undergrowth and in so far as the land in
question has been, or is proposed to be, cleared of trees or the indigenous
undergrowth to any greater extent no claim for compensation arises in respect
of that excess.
(2) A claim for
compensation under this Part may extend not only to the land the subject of
the application for a clearing licence but also to any other land in the same
occupation or ownership which is shown to have been rendered unproductive, or
uneconomic, or to have been otherwise injuriously affected, by the operation
of the provisions of this Part, whether or not that land is controlled land.
(3) The amount to be
paid under this Part as compensation for injurious affection shall be assessed
on the basis of values applying at the time at which the claim for
compensation is made in accordance with this Part, and, subject to
subsection (8), shall include interest computed from 60 days after
the date of the making of that claim on the balance of compensation
outstanding from time to time at the rate prescribed under
section 8(1)(a) of the Civil Judgments Enforcement Act 2004 at the
time at which the claim for compensation is made.
(4) Subject to
section 12D, upon an application for the grant or transfer of a clearing
licence in respect of land being refused, or deemed to be refused, or granted
subject to conditions that are unacceptable to the applicant, or granted in
respect of only a part of the subject land, or part of the clearing in respect
of which application was made, any owner or occupier of the subject land, or
other person having an estate or interest in the subject land, may claim
compensation for injurious affection in accordance with the provisions of this
Part.
(5) A claim for
compensation shall be made in the prescribed manner to the Minister not later
than 12 months, or such further time as the Minister may in a particular
case allow, after the claim for compensation arises under this Act, and shall
not (other than with the consent of the Minister) be capable of being
withdrawn, and if compensation for injurious affection has previously been
paid under this Part to any person in respect of any land, or any estate or
interest in land, no further compensation shall be paid under this Part to
that or any other person in respect of injurious affection to the same estate
or interest in that land notwithstanding any subsequent applications or
decisions under this Part affecting that land, except to the extent that
further injurious affection to that land results after the date of previous
payment by reason of the operation of the provisions of this Part and is
injurious affection of a kind or degree not taken into account in the
computation of the previous payment.
(6) Subject to
subsection (5), where a claim is made under and in accordance with this
section for compensation for injurious affection to land, or any estate or
interest in land, the Minister may —
(a)
purchase by agreement the estate or interest of the claimant in the whole or
part of the land injuriously affected, whether or not that land is controlled
land; or
(b) if
the Minister gives written notice within 3 months of the receipt of the
claim that the Minister intends to do so, compulsorily take or resume pursuant
to Part 9 of the Land Administration Act 1997 the whole or part of
the subject land,
and the Minister shall
pay compensation for injurious affection only in respect of land, or an estate
or interest in land, that is not purchased, taken or resumed in accordance
with this subsection.
(7) Where, under and
in accordance with this Part, a claim for compensation has been made and
compensation is payable, the Minister may, if the claimant agrees, and, where
applicable, subject to section 12EB(2), transfer to the claimant in full
or partial satisfaction of the claim such estate or interest as is agreed
between the claimant and the Minister in —
(a) any
land taken or acquired by the former Minister under section 20 as in
force prior to the coming into operation of section 103 of the Acts
Amendment and Repeal (Water Authorities) Act 1985 1 or by a former
authority or the Minister pursuant to the Public Works Act 1902 , as in
force prior to the coming into operation of the
Land Administration Act 1997 , or the Water
Agencies (Powers) Act 1984 or under Part 9 of the Land
Administration Act 1997 for that purpose or so taken or acquired for any
other purpose and no longer required for that other purpose; or
(b) any
land purchased, taken, or resumed or otherwise acquired by a former authority
or the Minister under this Part,
and thereupon
compensation shall be taken to have been paid in satisfaction of the claim to
the extent agreed between the claimant and the Minister and the provisions of
this Part shall be construed accordingly.
(8) Where, under and
in accordance with this Part, a claim for compensation has been made and
compensation is payable, the Minister may offer and pay to the claimant, as
and by way of an advance or interim payment on account of the compensation
payable, such amount or amounts of money as the Minister thinks fit and any
such payment may be received and retained by the claimant without prejudice to
any of his rights under this Part but, where any amount of money is offered to
the claimant under this subsection and the offer is not accepted by the
claimant within 30 days of the day on which the offer was made, no
interest shall thereafter be payable under this Part in respect to the amount
so offered.
[Section 12E inserted by No. 81 of 1976
s. 11; amended by No. 75 of 1980 s. 6; No. 41 of 1984
s. 10; No. 25 of 1985 s. 94; No. 73 of 1995 s. 48, 62
and 65; No. 31 of 1997 s. 18(2) and 142; No. 38 of 2007
s. 11 and 23; No. 8 of 2009 s. 42(3).]