Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where it appears
to the Minister, in relation to a place having cultural heritage significance,
that the continued existence of that place in a condition suitable to effect
conservation of its heritage value is in jeopardy —
(a) the
Council may, by public advertisement, describe the location of that place and
declare that conservation works described in the advertisement are public
works for the protection and preservation of a place of scientific or
historical interest which the Council proposes to undertake for reasons
described in the advertisement;
(b) on
publication of that advertisement, the land on which the place described is
situated and any land to which subsection (5) applies shall be taken to
be land to which Part 9 of the Land Administration Act 1997 applies
and liable to be taken under that Part; and
(c) on
the issue of a notice of intention under section 171 of the Land
Administration Act 1997 , proceedings under that Act for the taking of
the land may be commenced.
(2) For the purposes
of this Act, in the assessment of the compensation payable under Part 10
of the Land Administration Act 1997 in relation to any land which is or
forms part of a registered place, or is the subject of a Heritage Agreement,
if —
(a) the
Minister has reasonable cause to believe —
(i)
that a building has been deliberately allowed to fall
into disrepair for the purpose of justifying its demolition and redevelopment
or the redevelopment of the site together with any adjoining land; or
(ii)
that the land, having been acquired by the claimant
within the preceding period of 3 years (being a period commencing after
the coming into operation of this section), was acquired with the intention of
demolishing a building;
and
(b) that
the land or any such building is of cultural heritage significance,
the value to be
attributed to the land may be assessed having regard to the actual state of
the place and of any such building, any compensation that would otherwise be
payable being reduced accordingly and no account being taken of the potential
use of the land or of any adjacent land, it being assumed that consent would
not be granted under any written law for the demolition of the building or for
any development other than its restoration and conservation, and any amount
which a particular purchaser might be prepared to offer by reason of the
special needs of that purchaser shall be disregarded.
(3) Nothing in this
section precludes the Minister or the Council from taking any land under
Part 9 of the Land Administration Act 1997 for the purposes of this
Act but for reasons other than those described in the public advertisement
published pursuant to subsection (1).
(4) A person aggrieved
by a decision of the Minister under this section may, subject to
subsection (7), require the Minister to refer to the State Administrative
Tribunal the question as to whether that decision should be confirmed or
revoked, the State Administrative Tribunal may determine any such question,
and the Minister and the Minister administering Part 9 of the
Land Administration Act 1997 shall cause effect to be given to any such
determination.
(5) Subject to any
finding by the State Administrative Tribunal made under subsection (4),
where it appears to the Minister on the advice of the Council that any land or
any interest in land is associated with, or is contiguous or adjacent to, or
is land the use of which is likely to be prejudicially affected by the
acquisition of, land to which this section applies, being land or an
interest —
(a)
required for conserving or presenting the place of cultural heritage
significance proposed to be acquired or its amenities or for affording access
to it;
(b)
appropriate and desirable for its proper control or management; or
(c)
which for the purposes of this Act otherwise ought to be acquired,
and the Minister
agrees to that acquisition under this subsection, that land or interest may be
compulsorily acquired by the Council under Part 9 of the
Land Administration Act 1997 as being land or an interest in land
required for, or in connection with, the acquisition of a place to be acquired
pursuant to this section.
(6) Any land, building
or other thing compulsorily acquired, whether by the Minister or by the
Council, on behalf of the Crown pursuant to this Act may be disposed of on
such terms and conditions as the Governor may approve.
(7) For the purposes
of subsection (4) the questions that may be referred to the State
Administrative Tribunal shall be taken to be —
(a)
under subsection (1) —
(i)
as to whether the land described in the advertisement,
and any land to which subsection (5) applies, is necessarily required to
be acquired for purposes referred to in this section by reason that the
continued existence of the place in question in a condition suitable to effect
conservation of its heritage value would otherwise be in jeopardy; and
(ii)
as to whether the conservation works described in the
advertisement are necessary for the reasons described in the advertisement and
are in the public interest;
(b)
under subsection (2), as to the reasonableness of the cause of the belief
held by the Minister and the effect that belief should have on the assessment
of the value to be attributed to the land; and
(c)
under subsection (5), as to whether the acquisition of the land or
interest should have been agreed to by the Minister having regard to the
advice, and the appropriateness of the advice, given by the Council and the
public interest,
but the nature or
degree of cultural heritage significance that should have been attributed in
relation to any place by the Council or the Minister shall not be a question
to be determined by the State Administrative Tribunal although regard may be
had to community representations as to that significance.
[Section 73 amended by No. 31 of 1997
s. 33(2)-(5) and 142; No. 55 of 2004 s. 507 and 508.]