Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2), the exclusive right to the occupation and use of every place
that is declared to be a protected area is vested in the Minister on behalf of
the Crown for so long as the Order remains in force.
(2) A person, who
immediately prior to the vesting of any right in the Minister under subsection
(1), was the holder of any interest in or relating to that land is entitled to
be paid by the Minister reasonable compensation for the extent to which such
interest is prejudicially affected by the operation of this Act.
(3) For the purposes
of this Act, in default of agreement as to the assessment of reasonable
compensation for the occupation and use of the land under subsection (1), or
where no person is able, or being able does not agree, to give a sufficient
discharge and receipt in respect of that compensation, the Minister
administering the Land Administration Act 1997 may instead take the land
comprised in a protected area or terminate any interest in or relating to that
land, as though it was an acquisition made under Part 9 of that Act for the
purposes of the protection and preservation of a place of scientific or
historical interest under the Public Works Act 1902 .
(4) Notwithstanding
the provisions of this section relating to the payment of compensation in
relation to affected interests, the declaration of any place as a protected
area has effect as at the date of the Order in Council.
[Section 22 amended: No. 24 of 1995 s. 23; No. 31
of 1997 s. 5.]