Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In order to
facilitate the acquisition of, or dealing with, land to be acquired for the
purposes of this Act or a relevant Act, the Minister or the Corporation may
enter into agreements relating to incidental matters and things necessary to
give effect to the powers conferred on the Minister or the Corporation by this
Act or a relevant Act.
(2) Where the fee
simple of, or any other estate or interest in, any land is vested in the
Minister or the Corporation and the Minister or the Corporation at the time of
the acquisition or subsequently does not require the exclusive use and
occupation of that land, then the Minister or the Corporation may in writing
grant —
(a) a
lease or licence to occupy the land or any part of the land, either
exclusively or concurrently with the Minister or the Corporation; or
(b) any
interest in or right to use that land or any part of the land,
to any other person
(subject to the provisions of subsection (3) and of Division 5 of
Part 9 of the Land Administration Act 1997 ), and where the lease,
licence or other interest or right so granted is stated in that grant as being
given by way of consideration for the acquisition of the land by the Minister
or the Corporation then that lease, licence, interest or right shall not be
revoked without compensation unless the parties otherwise agree.
(3) Where the Minister
or the Corporation exercises the powers conferred by subsection (2), then
unless an agreement entered into between the Minister or the Corporation and
the person to whom the lease, licence, interest or right is granted otherwise
provides, the grant —
(a)
shall be deemed to be subject to a condition that the Minister or the
Corporation shall be indemnified against any costs, damages, claims, or
expenses arising therefrom; and
(b)
subject to subsection (2), may be terminated without any liability for
compensation thereby arising, on not less than 21 days prior written
notice.
[Section 77 inserted by No. 25 of 1985
s. 18; amended by No. 73 of 1995 s. 42; No. 31 of 1997
s. 137(8); No. 38 of 2007 s. 135.]