Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, whether by
way of agreement or by way of a compulsory taking under Part 9 of the
Land Administration Act 1997 , the Minister or the Corporation seeks the
acquisition of an estate or interest in or relating to any land that is less
than is held by the person from whom the acquisition is sought, the lesser
estate or interest may, subject to section 81(11), be acquired instead of
acquiring the whole of the estate or interest held by that person.
(2) Where an estate or
interest of the Minister or the Corporation of the kind referred to in
subsection (1) is recorded on, or by way of memorial in the register
relating to, the title to the land —
(a) that
estate or interest shall enure for the benefit of the Minister or the
Corporation and run with the land notwithstanding any sale, subdivision or
other dealing with that land by the owner or occupier for the time being, but
any such estate or interest may be relinquished by the Minister or the
Corporation; and
(b) the
benefit of any right, restriction or covenant in relation to the use of land
granted to or held by the Minister or the Corporation may be enforced by the
Minister or the Corporation to the like extent as if the Minister or the
Corporation were possessed of adjacent land for the benefit of which the same
was to enure.
[Section 75 inserted by No. 25 of 1985
s. 18; amended by No. 73 of 1995 s. 34 and 42; No. 31 of
1997 s. 137(7); No. 25 of 2005 s. 61; No. 38 of 2007
s. 135.]
[ 76. Deleted by No. 73 of 1995 s. 35.]