Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person is
convicted of an offence which constitutes a contravention of an Order under
Part 6 in relation to any place then, unless the court before which that
person is so convicted recommends otherwise, the Governor on the advice of the
Minister may by Order in Council published in the Gazette declare
that —
(a) that
place or a particular portion of the land comprising that place;
(b) any
building on the land; or
(c) both
that land and any such building,
shall not be
developed, or used, or shall be neither developed nor used, or shall be
developed or used only in accordance with conditions specified in the Order,
during such period not exceeding 10 years as is specified in the Order.
(2) An Order in
Council made under subsection (1) may be revoked or varied by a
subsequent such Order.
(3) Where an Order
under subsection (1) is in force in relation to any land or
building —
(a) a
person who carries out works on, or any development of, the land or building,
or who uses any land or building, contrary to the provisions of the Order, or
who causes or permits any other person so to do, commits an offence; and
(b) any
permit, authorisation, licence or other instrument under any written law
purporting to relate to any development or use of the land or building
contrary to the terms of the Order —
(i)
has no force and shall not be given effect; and
(ii)
does not provide a defence to any person contravening
paragraph (a).
Penalty: $10 000 and imprisonment for
2 years.
Daily penalty: $1 000.
(4) Where an Order
under subsection (1) is made in relation to any place, the
Council —
(a)
shall cause the chief executive officer of the department principally
assisting in the administration of the Land Administration Act 1997 , the
Registrar of Titles or the Registrar of Deeds and Transfers, as the case may
require, to be advised by way of memorial of the effect of that Order;
(b) may
thereupon lodge such caveat or cause such other steps to be taken as may be
necessary or proper to give effect to the terms of that Order;
(c)
publish notice by way of public advertisement for general information of a
summary of the terms of the Order, setting out a sufficient description to
identify the place to which it refers; and
(d)
shall cause a copy of the Order to be served, where practicable, on the owner
and each occupier of the place concerned.
[Section 80 amended by No. 60 of 2006
s. 136.]