Western Australian Consolidated Acts

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LAND DRAINAGE ACT 1925 - SECT 100

100 .         Who is liable for rates

        (1)         All rates imposed under this Act and entered in any rating records shall (together with the costs of any proceedings for the recovery thereof) be a charge on the land rated, ranking pari passu with rates imposed under the Local Government Act 1995 , and shall be recoverable by the Corporation from — 

            (a)         the owner at the time of the completion of the rating records;

            (b)         any person who whilst the rates are unpaid becomes the owner of the land rated, or any part thereof.

        (2)         The amount of the rates referred to in subsection (1) may instead in the first instance, at the option of the Corporation, be recovered from the occupier of the land rated.

        (3)         Unless the Crown is the owner, any amount of such rates paid by an occupier shall, in the absence of special agreement to the contrary, be afterwards recoverable by the occupier from the owner and any receipt for rates so paid may be tendered to and shall be accepted by the owner in satisfaction, to the extent of the amount specified in the receipt, of any rent due to the owner.

        [Section 100 amended by No. 38 of 1978 s. 10; No. 25 of 1985 s. 235 and 249; No. 110 of 1985 s. 100 and 111; No. 73 of 1995 s. 78; No. 14 of 1996 s. 4.]



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