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PLANNING AND DEVELOPMENT ACT 2005 - SECT 197

PLANNING AND DEVELOPMENT ACT 2005 - SECT 197

197 .         Declaring land for public work to be instead held etc. for region planning scheme or improvement plan

        (1)         Where any land held, taken, resumed or otherwise acquired under any Act, for any public work, is in the opinion of the Governor not required for that work and is required for the purposes or likely purposes of a region planning scheme, the Swan Valley Planning Scheme or an improvement plan, the Governor, despite Part 9 Division 5 of the Land Administration Act 1997 , may declare by notice published in the Gazette that the land is to be held and may be used for the purposes of the region planning scheme, Swan Valley Planning Scheme or improvement plan.

        (2)         From the date of the publication of the notice the land described in the notice, by force of this section, vests in the Commission for the purposes of the region planning scheme, Swan Valley Planning Scheme or improvement plan.

        (3)         The Commission is to ensure that a memorial is lodged with the Registrar in respect of land vested in the Commission under this section as soon as is practicable after the land is so vested.

        (4)         The memorial is to be —

            (a)         accompanied by the notice published under subsection (1) in respect of the relevant land; and

            (b)         in a form approved by the Registrar.

        (5)         The Registrar is to register the memorial against the relevant land and take such steps as are necessary to record the vesting.

        (6)         In this section —

        register means to register under the Registration of Deeds Act 1856 or Transfer of Land Act 1893 , as the case requires;

        Registrar means the Registrar of Titles or the Registrar of Deeds and Transfers, as the case requires.

        [Section 197 amended: No. 28 of 2010 s. 18; No. 45 of 2020 s. 85.]