Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), the Crown or the Corporation shall not be liable to pay
compensation for, or in respect of any damage attributable to, the placing of
any works or other things to which section 84(1) or (1a) applies or by
virtue of the grant of the right of access deemed by section 84(2) to be
vested in the Minister or the Corporation.
(2) No claim lies
against the Crown or the Corporation by reason only of any loss of enjoyment
or amenity value, or by reason of any change in the aesthetic environment,
alleged to be occasioned by the placing of works of the Minister or the
Corporation on any land.
(3) No claim lies
against the Crown or the Corporation by reason only of the placing of any
works of the Minister or the Corporation upon, in, over or under any land,
other than a claim —
(a)
pursuant to section 62; or
(b)
under Part 10 of the Land Administration Act 1997 , as read with
this Act, where the Minister or the Corporation —
(i)
is by this or any other Act required; or
(ii)
by reason of the nature of the works there placed, the
nature of the locality in which the works are placed, the safeguarding of
particular works, public safety, future development proposals, or otherwise,
elects,
to acquire the land or
an estate or interest in the land,
but this subsection
does not affect any liability of the Crown or the Corporation where negligence
is established for the purposes of section 63.
(4) Notwithstanding
the powers conferred on the Minister by Part VI, the Minister is required to
acquire, where practicable by agreement but otherwise pursuant to Part 9
of the Land Administration Act 1997 as read with this Act, such land,
estate, or interest as may in the opinion of the Minister be appropriate to
the Minister’s needs in respect of —
(a)
major works, other than works in relation to which the Minister has decided
that this subsection is not to have effect; and
(b) such
other works as may be prescribed by regulation under this Act as works to
which this subsection shall apply,
and regulations made
under this Act may make provision for such restriction of any use of the land
thereby affected by other persons.
(5) Where for the
purposes of this Act or a relevant Act the Minister determines that any land,
or any estate or interest in land, is to be acquired by the Minister otherwise
than by agreement the power to do so shall be exercised under and in
accordance with, and any compensation payable by the Minister in pursuance of
such powers shall be assessed, determined and recovered under, Parts 9 and 10
of the Land Administration Act 1997 as read with this Act.
(6) A claim for
compensation made under this section may only be made once, and where any
land, estate, or interest is acquired by the Minister no further claim in
respect thereof shall lie against the Crown notwithstanding any subsequent
works of the Minister affecting that land, estate or interest unless it is
shown that the original claim paid did not take into account the nature of the
damage subsequently occurring.
(7) Any entry upon, or
acquisition of, land authorised by or under this Act or a relevant Act and any
works carried out pursuant to this Act or a relevant Act shall be deemed to be
for the purposes of a public work within the meaning of the
Public Works Act 1902 , and the Minister shall be deemed to be a local
authority within the meaning of that Act authorised to effect that acquisition
or undertake that public work.
(8) For the purposes
of this Act or a relevant Act, the Minister may exercise or delegate any power
that is by the Public Works Act 1902 or Parts 9 and 10 of the
Land Administration Act 1997 vested in the relevant Minister and in so
far as that Act applies, or those Parts apply, to or in relation to the
compulsory taking of any land, or the entry on, occupation or use of any land,
under this Act or a relevant Act, any reference in that Act or those
Parts —
(a) to
the relevant Minister, may be read for the purposes of this Act or a relevant
Act as a reference to the Minister; and
(b) to
the department of the Public Service principally assisting the relevant
Minister in the administration of that Act or those Parts, may be read for the
purposes of this Act or a relevant Act as a reference to the Department,
and that Act or those
Parts may be construed accordingly.
(9)
Subsection (8) does not prevent the relevant Minister from exercising the
relevant Minister’s powers under the Public Works Act 1902 or Parts
9 and 10 of the Land Administration Act 1997 on behalf of the Minister
when requested by the Minister to do so.
[(10) deleted]
(11) A written
objection served pursuant to section 175 of the Land Administration
Act 1997 in relation to any proposed taking for the purposes of the
Minister may request —
(a) that
instead of the whole estate or interest in the land being acquired, such a
lesser estate or interest as is sufficient for the purposes of the Minister be
acquired; or
(b) that
instead of an estate or interest less than the whole being acquired, the whole
estate or interest in the land be acquired,
and the Minister may
vary the taking accordingly.
(12) Where any land is
compulsorily acquired under Part 9 of the
Land Administration Act 1997 for the purposes of the Minister under this
Act or any other Act that land shall, on the registration of the relevant
taking order made under section 177 of that Act, be vested in the
Minister for the purpose of the public work for which the land is acquired, by
force of section 179 of that Act as read with this subsection, save that
the Land Administration Minister may, by that taking order, declare that any
specified estate, interest, right or privilege of any person to the use,
occupation or enjoyment of the land so acquired by the Minister, or any
specified part of that land, may continue for the period therein specified or
until terminated by the Land Administration Minister by a subsequent order
under that Act, and may provide that such continued use, occupation or
enjoyment shall not be taken to be in satisfaction or part satisfaction of the
compensation claimed, and effect shall be given thereto.
(13) Where, whether by
agreement or compulsory acquisition, any land (including any estate or
interest in land to which section 74 applies), is vested in the Minister
and the land thereby affected is taken by any other person, body or authority
under or by virtue of Part 9 of the Land Administration Act 1997
then notwithstanding section 179 of that Act —
(a) the
land or the estate or interest vested in the Minister shall continue to be so
vested, unless the Minister otherwise agrees; and
(b) the
Minister shall be deemed to be a person having an interest in the land, estate
or interest to be taken for the purposes of section 202 of that Act.
(14) In this section
—
Land Administration Minister means the Minister
administering the Land Administration Act 1997 ;
relevant Minister means the Minister administering
the Public Works Act 1902 or Parts 9 and 10 of the
Land Administration Act 1997 , as the case requires.
[Section 81 inserted by No. 25 of 1985
s. 18; amended by No. 73 of 1995 s. 36 and 42; No. 31 of
1997 s. 137(10)-(17) and 142; No. 25 of 2005 s. 62(1) 8 ;
No. 38 of 2007 s. 120 and 135.]
[Heading inserted by No. 25 of 1985
s. 19.]
[Heading inserted by No. 25 of 1985
s. 19.]