Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Minister
or the Corporation is of the opinion that any deviation from the proposed line
of works may be necessary, the Minister or the Corporation may, in preparing
the plans of the proposed works pursuant to section 88 or
section 93, show on those plans a limit within which the line of works as
constructed may deviate to accommodate changes in location not inconsistent
with the general proposal and any such deviation shall, if the works are
authorised, be taken to be authorised.
(2) Whether or not a
limit within which the line of works may deviate during construction is shown
on the plans of authorised works, the Minister or the Corporation in carrying
out the works may deviate not more than 20 metres from the location shown
on those plans if —
(a) the
change is of a nature not inconsistent with the general proposal; and
(b)
where the proposed works are to be constructed or provided on land other
than —
(i)
unoccupied Crown land; or
(ii)
a road reserve,
the deviation is
agreed in writing by the owner and occupier of the affected land.
(3) The Minister or
the Corporation may, during the carrying out, construction or provision of
works, depart from any description, proposal or plans of authorised works, and
may make such modifications as are required by the circumstances, if the
departure is agreed in writing by the owner and occupier of the affected land.
(4) Where the Minister
is satisfied that a deviation or modification of a kind to which
subsection (1), subsection (2) or subsection (3) does not apply
is not inconsistent with the general proposal, is necessary in the public
interest, and does not adversely affect the interest of any person who is the
owner or occupier of the land where the works are to be situate, the Minister
may —
(a) in
the case of works of the Corporation — authorise the carrying out
of the works as so varied; or
(b) in
the case of works of the Minister — carry out the works as so
varied,
despite the provisions
of sections 88, 89 and 90, or 93, 94 and 95, not having been complied
with.
[Section 97 inserted by No. 25 of 1985
s. 19; amended by No. 73 of 1995 s. 42; No. 38 of 2007
s. 132 and 135.]
[Heading inserted by No. 25 of 1985
s. 19.]