Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 76

76 .         Requests for acquisition

        (1)         An owner of any estate or interest in land who claims that by reason of the operation of this Act the land has become incapable of reasonably beneficial use, and that the carrying out of any reasonable development could not render the land capable of reasonably beneficial use, may by notice in writing request the Council to acquire that estate or interest, or cause it to be acquired, on behalf of the Crown under section 74, but if the Council refuses or the owner is not satisfied that such an acquisition will take place on terms which are acceptable the owner may request the Minister to refer to the State Administrative Tribunal the question of the effect of the operation of this Act upon that estate or interest, and in particular as to whether it would be appropriate for the land to be acquired by the Council as though for conservation works to conserve its heritage value, and the State Administrative Tribunal may determine that question and in so doing — 

            (a)         shall have the powers and give effect to the requirements referred to in section 30; and

            (b)         if the State Administrative Tribunal finds the claim to be proved, may require the Council so to take the land under section 73 as though directed by the Minister,

                and effect shall then be given to that requirement by the public advertisement of the determination of the State Administrative Tribunal by the Council with the approval of the executive officer of the State Administrative Tribunal as though it were an advertisement of the kind referred to in section 73(1)(a).

        (2)         No compensation shall be payable in respect of a claim made under section 75(2) where the land to which the claim relates is also the subject of a claim made under subsection (1) which takes effect.

        (3)         No claim shall be made under subsection (1) in respect of any estate or interest where the question of the determination of the compensation payable in respect of a loss arising by reason of the operation of this Act in respect of that land has been referred under section 75(4) to arbitration under the Commercial Arbitration Act 1985 , without leave of the Treasurer.

        [Section 76 amended by No. 55 of 2004 s. 506 and 507.]