Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Without prejudice
to the operation of Part 4, no action lies, and no claim for compensation
other than such as is provided in this Part arises, by reason only
of —
(a) the
entry of a place in the Register; or
(b) the
operation of this Act, otherwise.
(2) Where in
proceedings in the Supreme Court the Court determines that a person (being a
person who or which would have been entitled to make a claim under
section 203 of the Land Administration Act 1997 had the land
concerned been lawfully entered upon with a view to acquisition pursuant to
Division 4 of Part 9 of that Act) has as a result of unreasonable
delay in the administration of this Act occasioned by a public authority been
subjected to loss and no compensation is otherwise afforded by this Act, the
Court may thereupon order that compensation be payable under
subsection (4) to that person, as though section 203 of the Land
Administration Act 1997 applied to and in relation to the land affected
by reason of the land having been notionally entered upon under
Division 4 of Part 9 of that Act as at a date determined by the
Court, but any compensation payable shall be limited to such actual loss as
may have been so occasioned and may be limited in such other manner as the
Court thinks fit.
(3) For the purposes
of subsection (2), a reference in Division 4 of Part 9 of the
Land Administration Act 1997 to “the Minister” shall be
construed as a reference to the Minister of the Crown to whom the
administration of this Act is committed.
(4) Where the Supreme
Court attributes responsibility for loss to a public authority, the
compensation payable under subsection (2) shall be paid by that public
authority.
[Section 77 amended by No. 31 of 1997
s. 33(6) and (7).]