Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any land,
estate, or interest is, or is to be, taken or resumed pursuant to
section 12E(6) that land shall thereafter be so dealt with, by
restoration if necessary, as to conserve the water resources, and for the
purposes of Part 9 of the Land Administration Act 1997 that use
shall be regarded as a public work for the conservation of water
notwithstanding that the object of conserving water resources may be achieved
without any restoration or other works being required or carried out, and that
Act shall apply to such taking or resumption.
(2) Notwithstanding
subsection (1) or anything in Part 9 of the
Land Administration Act 1997 , where it is consistent with the
achievement of the object of conserving the water resources the Minister may
lawfully sell, exchange, or otherwise deal with the whole or any part of any
land, or any estate or interest in land purchased, taken, or resumed or
otherwise acquired by a former authority or the Minister pursuant to this
Part.
(3) Where a former
authority exercised or the Minister exercises in respect of land a power
conferred by section 12E(7) or subsection (2) —
(a) the
provisions of Division 5 of Part 9 of the Land
Administration Act 1997 shall not apply in respect of any dealing in
relation to that land; and
(b) no
claim for compensation for injurious affection in respect of that land shall
thereafter lie under this Part in relation to any use of that land by a person
deriving title through a former authority or the Minister.
(4) Where under this
section or section 12E(7) a former authority transferred or the Minister
transfers any estate or interest in land to any person, and the parties, so
far as the estate or interest transferred enables the land to be bound, agreed
or agree that the land or any part of it shall thereafter, either permanently
or for a specified period, be held subject to a covenant in favour of a former
authority or the Minister, as the case requires, prohibiting any use of, or
dealing with, the land which would have an effect detrimental to the
conservation of the water resources that covenant may be enforced by the
Minister as if the Minister were possessed of or entitled to or interested in
adjacent land and as if the covenant had been and had been expressed to be
entered into for the benefit of that adjacent land.
(5) Where land to
which a covenant given for the purposes of this Part relates is held under the
operation of the Transfer of Land Act 1893 , the provisions of
Division 3A of Part IV of that Act apply to and in relation to the
registration, discharge, modification, and dealing with that covenant and any
restriction arising therefrom.
(6) Where the land to
which a covenant given for the purposes of this Part relates is not land held
under the operation of the Transfer of Land Act 1893 —
(a) the
provisions of sections 129B and 129C of that Act apply, so far as they
are capable of being applied, to and in relation to the discharge,
modification and dealing with that covenant and any restriction arising
therefrom as if the land were land under that Act; and
(b) the
Registrar of Deeds shall, upon the production of the memorial required under
the Registration of Deeds Act 1856 , give due effect to any agreement
duly made under section 129B of the Transfer of Land Act 1893 , as
so applied, and any order of a judge made under section 129C of that Act
as so applied.
(7) A covenant to
which any land is made subject pursuant to this section shall, unless a
contrary intention is expressed, be deemed to be made by the covenantor on
behalf of himself, his successors in title (including the owners and occupiers
for the time being of the land) and the persons deriving title under him or
them and unless a contrary intention is expressed, shall have effect as if
such successors and other persons were expressed.
[Section 12EB inserted by No. 75 of 1980
s. 7; amended by No. 41 of 1984 s. 11; No. 25 of 1985
s. 95; No. 73 of 1995 s. 49; No. 31 of 1997 s. 18(3)
and 142; No. 38 of 2007 s. 12 and 23.]