Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Minister is
satisfied that the use, or further use, of an asset is not necessary or
expedient for the performance of the licensee’s functions and the
statutory asset owner consents to the making of the order, the Minister may
make and publish in the Gazette an order extinguishing the rights of the
statutory asset owner in the asset if it is a fixture or requiring the
statutory asset owner to remove the asset if it is not a fixture.
(2) The order is to
specify the statutory asset owner, the assets, and the affected land, and is
to identify whether or not a specified asset is a fixture.
(3) The order may
operate by reference to schedules which —
(a) need
not be published in the Gazette ; but
(b) must
be available for inspection by the public at a place identified in the order.
(4) Upon the
publication of the order in the Gazette —
(a) any
right existing before the publication of the order in a specified asset that
is a fixture is extinguished and it merges with the land that was the affected
land; and
(b) the
statutory asset owner is required, as soon as is practicable, to remove from
the affected land a specified asset that is not a fixture.
(5) The extinguishment
under this section of a right does not give rise to any right to compensation.
(6) An asset that
would be a fixture if it were the property of the owner of the affected land
is a fixture.
[Section 46F inserted by No. 33 of 1997
s. 3.]