Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, a local government may request the Minister to acquire as Crown
land —
(a) any
alienated land designated for a public purpose on a plan of survey or sketch
plan lodged with the Registrar;
(b) any
private road; or
(c) any
alienated land in a townsite which the Minister proposes to abolish under
section 26,
within the district of
the local government (in this section called the subject land ).
(2) A request made
under subsection (1) is to be accompanied by —
(a) a
plan of survey or sketch plan —
(i)
showing the subject land; and
(ii)
approved by the Planning Commission;
and
(b)
copies of all objections lodged with the local government during the period
referred to in subsection (3)(b)(i) or (ii), as the case requires.
(3) Before making a
request under subsection (1), a local government must —
(a) take
all reasonable steps to give notice of that request to —
(i)
the holder of the freehold in the subject land unless the
local government holds that freehold;
(ii)
the holders of the freehold in land adjoining the subject
land unless the local government holds that freehold; and
(iii)
all suppliers of public utility services to the subject
land;
and
(b) in
the case of —
(i)
alienated land referred to in subsection (1)(a) or a
private road referred to in subsection (1)(b), state in the notice a
period of not less than 30 days from the day of that notice during which
period persons may lodge objections with it against the making of that
request; or
(ii)
any land referred to in subsection (1)(c), advertise
or take such steps as may be prescribed to notify interested persons of an
intention to make the request and state in the notification a period of not
less than 30 days from the day of that notification during which period
persons may lodge objections with it against the making of that request.
(4) The Minister may,
on receiving a request made under subsection (1), the accompanying plan
of survey or sketch plan referred to in subsection (2)(a) and copies of
all objections referred to in subsection (2)(b) —
(a) by
order grant that request;
(b)
direct the local government to reconsider that request, having regard to such
matters as he or she thinks fit to mention in that direction; or
(c)
refuse to grant that request.
(5) On the
registration of an order made under subsection (4)(a), the subject
land —
(a)
ceases to belong to the holder of its freehold;
(b) is
freed from all encumbrances; and
(c)
becomes Crown land.
(6) Subject to
subsection (7), compensation is payable under Part 10 to any holder
of the freehold in the subject land who suffers loss on the registration of an
order referred to in subsection (5) as if that loss resulted from a
taking under Part 9.
(7) A person with an
interest in land that is a private road (including a person who has the
benefit of an easement created under section 167A of the TLA) the subject
of an order under subsection (4)(a) who suffers loss on the registration
of the order is not entitled to compensation under Part 10.
(8) Sections 188,
189, 190 and 191 do not apply to a private road or an interest in land that is
a private road if the land is the subject of an order under
subsection (4)(a) and the land was taken or resumed or purportedly taken
or resumed under a written law for the purpose of a right of way or a right of
way and recreation.
[Section 52 amended by No. 59 of 2000
s. 14.]