Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the parties
do not agree upon any question as to whether any land, or any estate or
interest in land, is injuriously affected or as to the amount or manner of
payment of the sum which is to be paid as compensation for such injurious
affection either party may cause the question to be determined in the same
manner as if it were a question required to be determined under Part 10
of the Land Administration Act 1997 as to compensation payable and,
subject to this Part, the provisions of Part 10 of the Land
Administration Act 1997 apply for the purposes of the determination of
the question, with such modifications as the circumstances require but the
principles to be applied in determining the question shall be derived from
this Part.
(2) In any proceedings
under this section for the determination of a question each party shall bear
his own costs except that nothing in this subsection prevents the court from
making an order as to the payment of fees payable to the court or a member
thereof.
[Section 12EC inserted by No. 75 of 1980
s. 7; amended by No. 41 of 1984 s. 12; No. 31 of 1997
s. 18(4).]