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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Wittenoom Closure Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Purpose of Act 2
5. Act binds Crown 3
Part 2 -- Compulsory acquisition of
Wittenoom land
6. Wittenoom land may be taken under LA Act Pt. 9 4
7. Application of LA Act Pt. 9 4
8. Notice of intention in relation to Wittenoom land 5
9. Taking order in relation to Wittenoom land 5
10. Disclosure under Contaminated Sites Act 2003
s. 68 not required 6
Part 3 -- Compensation
11. No compensation except as provided in this Part 7
12. Compensation for fee simple in Wittenoom land 7
13. Apportionment of rates and taxes 7
14. Payment of compensation 8
Schedule 1 -- Wittenoom land
Defined terms
120--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Wittenoom Closure Bill 2019
A Bill for
An Act to facilitate the closure of the former townsite of Wittenoom
by providing for the compulsory acquisition of land, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Wittenoom Closure Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Wittenoom Closure Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Terms used
10 In this Act --
11 date of taking has the meaning given in the LA Act
12 section 151(1);
13 former principal proprietor, in relation to Wittenoom land
14 taken under the authority of section 6(1), has the meaning given
15 in section 12(1);
16 LA Act means the Land Administration Act 1997;
17 Minister has the meaning given in the LA Act section 3(1);
18 native title rights and interests has the meaning given in the
19 LA Act section 151(1);
20 notice of intention has the meaning given in the LA Act
21 section 151(1);
22 registered, in relation to a notice of intention, means registered
23 under the LA Act section 170;
24 Wittenoom land means land comprised in any lot specified in
25 Schedule 1.
26 4. Purpose of Act
27 (1) The purpose of this Act is to facilitate the closure of the former
28 townsite of Wittenoom.
page 2
Wittenoom Closure Bill 2019
Preliminary Part 1
s. 5
1 (2) The purpose is to be achieved by providing for land to be
2 compulsorily acquired under the LA Act Part 9.
3 5. Act binds Crown
4 This Act binds the Crown in right of Western Australia and, so
5 far as the legislative power of the Parliament permits, the Crown
6 in all its other capacities.
page 3
Wittenoom Closure Bill 2019
Part 2 Compulsory acquisition of Wittenoom land
s. 6
1 Part 2 -- Compulsory acquisition of Wittenoom land
2 6. Wittenoom land may be taken under LA Act Pt. 9
3 (1) Wittenoom land may be taken under the LA Act Part 9 for the
4 purposes of this Act as if for a public work as defined in the
5 LA Act section 151(1).
6 (2) However, subsection (1) does not authorise the taking of the
7 following interests in Wittenoom land under the LA Act
8 Part 9 --
9 (a) native title rights and interests;
10 (b) rights referred to in the LA Act section 164(1)(a) to (c).
11 7. Application of LA Act Pt. 9
12 (1) For the purposes of the LA Act Part 9, the Minister is taken to
13 be the acquiring authority.
14 (2) In applying the LA Act Part 9 to, or in relation to, the taking of
15 Wittenoom land under the authority of section 6(1) --
16 (a) the LA Act sections 168(1)(b) and (2), 170, 171, 175,
17 176, 177(1)(b), 181, 186(3)(b) and 189 to 191 do not
18 apply; and
19 (b) the LA Act section 169(1) is to be read as if ", or may
20 provide for it to be assessed as if for compensation
21 under Part 10" were deleted; and
22 (c) the LA Act section 177(5) is to be read as if --
23 (i) in paragraph (c) "together with forms for the
24 claiming of compensation under Part 10 to be
25 served on each proprietor and each occupier of
26 the land and each holder of any mining,
27 petroleum or geothermal energy rights in the
28 land, or such of them as can with reasonable
29 diligence be ascertained at the time of the
30 making of the order," were deleted and replaced
page 4
Wittenoom Closure Bill 2019
Compulsory acquisition of Wittenoom land Part 2
s. 8
1 with "to be served on the principal proprietor of
2 the land,"; and
3 (ii) in paragraph (d) "persons mentioned in
4 paragraph (c) of the procedures under Part 10 for
5 compensation for interests taken, unless they
6 have already been given that advice." were
7 deleted and replaced with "principal proprietor of
8 the land of the entitlement under the Wittenoom
9 Closure Act 2019 Part 3 to compensation for the
10 fee simple in the land.";
11 and
12 (d) the LA Act section 179(b) is to be read as if "such an
13 interest has that holding converted into a claim for
14 compensation under Part 10;" were deleted and replaced
15 with "the interest in fee simple in the land has that
16 holding converted into an entitlement to compensation
17 under the Wittenoom Closure Act 2019 Part 3;"; and
18 (e) the LA Act Part 9 otherwise applies with any necessary
19 changes.
20 8. Notice of intention in relation to Wittenoom land
21 For the purposes of the LA Act sections 177 and 184(1) and (2),
22 a notice of intention is taken to be registered in relation to
23 Wittenoom land.
24 9. Taking order in relation to Wittenoom land
25 A taking order in relation to Wittenoom land may be made
26 under the LA Act section 177 as if it were consistent with a
27 notice of intention registered in relation to the land.
page 5
Wittenoom Closure Bill 2019
Part 2 Compulsory acquisition of Wittenoom land
s. 10
1 10. Disclosure under Contaminated Sites Act 2003 s. 68 not
2 required
3 An owner of Wittenoom land is not required to comply with the
4 Contaminated Sites Act 2003 section 68(1) in relation to an
5 agreement under the LA Act section 168(1)(a) to purchase the
6 fee simple in the land.
page 6
Wittenoom Closure Bill 2019
Compensation Part 3
s. 11
1 Part 3 -- Compensation
2 11. No compensation except as provided in this Part
3 (1) The LA Act Part 10 does not apply to, or in relation to, the
4 taking of Wittenoom land under the authority of section 6(1).
5 (2) Except as provided in this Part, a person who has an interest in
6 Wittenoom land taken under the authority of section 6(1) is not
7 entitled to any compensation for the interest.
8 12. Compensation for fee simple in Wittenoom land
9 (1) If Wittenoom land is taken under the authority of section 6(1),
10 the holder of the fee simple in the land immediately before it is
11 taken (the former principal proprietor) is entitled to
12 compensation for the fee simple from the Minister.
13 (2) The amount of compensation payable to a former principal
14 proprietor of Wittenoom land for the fee simple in the land is --
15 (a) if the land is comprised in a lot specified in Schedule 1
16 items 1 to 3 --
17 (i) $325 000; and
18 (ii) to compensate for the taking of the fee simple
19 without agreement and the former principal
20 proprietor's removal expenses -- $50 000;
21 or
22 (b) if the land is comprised in a lot specified in Schedule 1
23 items 4 to 11 -- $65 000; or
24 (c) if the land is comprised in a lot specified in Schedule 1
25 items 12 to 14 -- $30 000.
26 13. Apportionment of rates and taxes
27 (1) If Wittenoom land taken under the authority of section 6(1) is
28 not occupied by, on behalf of or through the former principal
29 proprietor of the land on the date of taking, all rates and taxes
30 that, under the provisions of any Act, are a charge on the land
page 7
Wittenoom Closure Bill 2019
Part 3 Compensation
s. 14
1 and are payable or paid by the former principal proprietor must
2 be apportioned between the former principal proprietor and the
3 Minister as at that date.
4 (2) If the Wittenoom land is occupied by, on behalf of or through
5 the former principal proprietor of the land on the date of taking,
6 the rates and taxes referred to in subsection (1) must be
7 apportioned between the former principal proprietor and the
8 Minister as at the date when --
9 (a) possession is given up by the former principal proprietor
10 to the Minister; or
11 (b) by agreement with the Minister, the former principal
12 proprietor ceases to be responsible for the payment of
13 rates and taxes.
14 (3) On the apportionment of rates and taxes under subsection (1) --
15 (a) the aggregate amount, if any, due by the former
16 principal proprietor as rates and taxes at the date as at
17 which the rates and taxes are required to be apportioned,
18 if not paid by the former principal proprietor, must be
19 deducted from the amount of the compensation payable
20 to the former principal proprietor under this Part; and
21 (b) the aggregate amount, if any, paid by the former
22 principal proprietor as rates and taxes in respect of any
23 period subsequent to the date as at which the rates and
24 taxes are required to be apportioned, must be added to
25 the amount of compensation payable to the former
26 principal proprietor under this Part.
27 14. Payment of compensation
28 (1) The Minister must pay a person who is entitled to compensation
29 the amount of compensation payable to the person under this
30 Part.
31 (2) Despite subsection (1), the Minister is not required to pay
32 compensation to a person (other than compensation payable
33 under section 12(2)(a)(ii)) if the person has not given up
page 8
Wittenoom Closure Bill 2019
Compensation Part 3
s. 14
1 possession of all Wittenoom land in respect of which the person
2 is entitled to compensation.
page 9
Wittenoom Closure Bill 2019
Schedule 1 Wittenoom land
1 Schedule 1 -- Wittenoom land
2 [s. 3]
3 1. Lot 180 on Deposited Plan 206101 being the whole of the land
4 comprised in certificate of title Volume 1729 Folio 666
5 2. Lot 193 on Deposited Plan 206101 being the whole of the land
6 comprised in certificate of title Volume 2011 Folio 615
7 3. Lot 85 on Deposited Plan 206102 being the whole of the land
8 comprised in certificate of title Volume 2004 Folio 375
9 4. Lot 195 on Deposited Plan 206101 being the whole of the land
10 comprised in certificate of title Volume 1632 Folio 81
11 5. Lot 201 on Deposited Plan 206101 being the whole of the land
12 comprised in certificate of title Volume 1331 Folio 974
13 6. Lot 208 on Deposited Plan 206101 being the whole of the land
14 comprised in certificate of title Volume 530 Folio 198A
15 7. Lot 220 on Deposited Plan 206101 being the part of the land
16 comprised in certificate of title Volume 1672 Folio 443
17 8. Lot 270 on Deposited Plan 206101 being the whole of the land
18 comprised in certificate of title Volume 1322 Folio 674
19 9. Lot 271 on Deposited Plan 206101 being the whole of the land
20 comprised in certificate of title Volume 1776 Folio 29
21 10. Lot 272 on Deposited Plan 206101 being the whole of the land
22 comprised in certificate of title Volume 1776 Folio 30
23 11. Lot 274 on Deposited Plan 206101 being the whole of the land
24 comprised in certificate of title Volume 1353 Folio 253
25 12. Lots 196 and 197 on Deposited Plan 206101 being the whole of the
26 land comprised in certificate of title Volume 2011 Folio 616
27 13. Lots 217, 218 and 219 on Deposited Plan 206101 being part of the
28 land comprised in certificate of title Volume 1672 Folio 443
29 14. Lot 343 on Deposited Plan 206102 being the whole of the land
30 comprised in certificate of title Volume 1878 Folio 905
31
page 10
Wittenoom Closure Bill 2019
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
date of taking ........................................................................................................3
former principal proprietor ........................................................................ 3, 12(1)
A Act ................................................................................................................. 3
Minister ................................................................................................................. 3
native title rights and interests .............................................................................3
notice of intention ................................................................................................ 3
registered ............................................................................................................... 3
Wittenoom land.....................................................................................................3
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