Western Australian Current Acts

DUTIES ACT 2008 - SECT 149A

149A .         Determining entitlement to land assets: fixtures and mining tenement fixtures

        (1)         In this section —

        mining tenement fixture , in relation to a mining tenement, means a thing that —

            (a)         under the authority (whether direct or indirect) of the mining tenement, is fixed to land that is the subject of the mining tenement; and

            (b)         would be part of that land as a fixture if the mining tenement were a freehold estate in the subject land.

        (2)         In determining the entitlement of an entity to a land asset that is land, anything that is part of the land as a fixture is to be taken into account even if the fixture is, or purports to be, the subject of an entitlement separate from the ownership of the rest of the land.

        (3)         In determining the entitlement of an entity to a land asset that is a mining tenement or an estate or interest in a mining tenement (a mining tenement land asset ), anything that is a mining tenement fixture in relation to the mining tenement is to be taken into account even if the mining tenement fixture is, or purports to be, the subject of an entitlement separate from the ownership of the rest of the mining tenement land asset.

        (4)         Subsection (2) or (3) (whichever is relevant) does not apply for the purposes of determining the land assets to which an entity is entitled in relation to an acquisition if the fixture or the mining tenement fixture would, apart from that subsection, be taken into account separately in relation to that acquisition in determining the land assets to which that entity or another entity is entitled.

        (5)         In this section, a reference to land does not include anything that is land under section 3A(1)(b), (c), (f) or (g).

        [Section 149A inserted: No. 12 of 2019 s. 58.]