Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Despite anything
in Part 9 of the Land Administration Act 1997 , on the taking of an
interest in land or easement over land under section 44B, the interest or
easement vests in the licensee for the purpose of enabling the licensee to
provide any water service as authorised by a licence except to the extent
that, under section 178(7) of that Act, the taking order continues any
specified estate, interest, right or privilege of any person to the use,
occupation or enjoyment of the land, or any specified part of the land.
(2) Part 9 of the
Land Administration Act 1997 applies, with all necessary changes, in
relation to the recording or registering of an interest or easement taken
under section 44B.
(3) Where, whether by
agreement or compulsory acquisition, any interest in land or easement is
vested in a licensee and the land is subsequently affected by a taking order
under Part 9 of the Land Administration Act 1997 then despite
section 179 of that Act —
(a) the
licensee’s interest or easement continues unless the licensee otherwise
agrees; and
(b) the
licensee is a person having an interest in the land for the purposes of
section 202 of that Act.
[Section 44C inserted by No. 25 of 2005
s. 65.]