Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, because of a
demand for the supply of water as a result of a subdivision, a developer is
required by the water board to pay any amount in respect of a particular lot
as payment or an advance in respect of headworks and the developer requests in
writing that the time for paying the amount be deferred in accordance with
this section, the water board is required to agree in writing to defer payment
of the amount as requested.
(2) This section
applies only if the lot —
(a) is
not serviced and is not a habitable lot;
(b) is
created to be used solely or principally for residential purposes; and
(c) has
an area of not more than 2 000 m 2 or, if its area is more than
2 000 m 2 , is to be used for a building or group of buildings
that —
(i)
is solely for residential purposes; and
(ii)
contains a number of separate residential units.
(3) For the purposes
of this section a lot is serviced if it has a connection to the water supply.
(4) If a mortgage is
registered against land, payment of an amount in respect of the land can be
deferred under this section only if the mortgagee consents in writing.
(5) Payment is
deferred under this section until —
(a) the
lot becomes serviced or becomes a habitable lot; or
(b) one
year passes after the subdivisional plan or diagram is approved by the Western
Australian Planning Commission,
but payment may be
made at an earlier time.
(6) If full payment of
the deferred amount is not made within one year after the subdivisional plan
or diagram is approved by the Western Australian Planning Commission, interest
calculated as approved by the Minister accrues on any amount remaining unpaid.
(7)
Subsection (6) does not limit the ability of the water board to recover
any amount outstanding under the agreement, and interest on the amount may be
recovered as if it were a part of the amount.
(8) In an agreement
that provides for deferment under this section, if the water board so
requires, the developer is to agree to pay to the water board the amount, as
determined by the water board, of any costs or disbursements payable by the
water board that are attributable to the deferment or to making
section 62D apply or cease to apply.
(9) If, with the
consent of the water board, a lot is transferred while it is land to which
section 62D applies, the transferor and transferee are jointly and
severally liable for payment of the deferred amount but, subject to any
agreement between them or any court order, the transferee may recover from the
transferor as a debt due any amount paid by the transferee that the transferee
became liable to pay under this subsection.
(10) In this
section —
agreement means an agreement under this section to
defer payment of an amount;
deferred amount includes any amount owing in
respect of costs or disbursements agreed under this section to be paid and,
where applicable, any interest payable under this section;
developer means a person who is the owner of land
from which it is proposed to create 2 or more lots by subdivision;
habitable lot means a lot that has on it a
building that is used, or suitable to be used, for residential purposes;
headworks means all works necessary to provide and
maintain water supply, not being reticulation works;
lot does not include a lot depicted on a strata
plan unless it is a lot in a survey-strata scheme;
reticulation means the system of works necessary
to provide water supply to particular land, being works connecting headworks
to the point at which water supply is provided.
[Section 62C inserted by No. 12 of 1996
s. 14.]