Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purpose of
enabling a licensee to provide any water service as authorised by a licence,
an interest in land or easement over land may be taken under Part 9 of
the Land Administration Act 1997 as if for a public work within the
meaning of that Act.
(2) The power
conferred by subsection (1) can only be exercised on the recommendation
of the Minister administering this Act.
(3) If requested to do
so in a written objection served under section 175 of the Land
Administration Act 1997 , the Minister as defined in section 3(1) of
that Act (the LAA Minister ), after consultation with the licensee, may vary
the proposal to take an interest or easement in accordance with this section
so that —
(a)
instead of the whole of the interest that was proposed to be taken, a lesser
estate or interest that is sufficient for the purposes of the licensee is
proposed to be taken; or
(b)
instead of a partial interest that was proposed to be taken, the whole of an
interest is proposed to be taken.
(4) The LAA Minister
may, by notice published in the Gazette , delegate to the Minister
administering this Act the power conferred on the LAA Minister by
subsection (3).
(5) If in the opinion
of the Minister administering this Act an interest in land or easement over
land is appropriate to a licensee’s needs in respect of —
(a)
major works or general works, as defined in section 86 of the Water
Agencies (Powers) Act 1984 ; or
(b) any
other works of a kind prescribed for the purposes of this subsection,
that Minister is to
advise the licensee of that opinion and the licensee is required to acquire
that interest in land or easement over land where practicable by agreement but
otherwise by the taking of the land under Part 9 of the
Land Administration Act 1997 as if for a public work within the meaning
of that Act.
(6) The requirement
imposed by subsection (5) does not extend to land that is vested in, or
otherwise occupied or managed by or on behalf of, the State or a public
authority as defined in section 44A(1).
(7) Any costs and
expenses incurred in the taking of an interest or easement under this
section —
(a) are
to be paid by the licensee; and
(b) may
be recovered in a court of competent jurisdiction as a debt due from the
licensee to the State.
(8) For the purposes
of this section a reference in Part 9 of the
Land Administration Act 1997 to an interest in land includes an easement
over land.
[Section 44B inserted by No. 25 of 2005
s. 65.]