Western Australian Current Acts Western Australian Current Acts[s. 42]
In this Schedule
—
affected land means land a right, title, or
interest in which is injuriously affected as described in section 42.
(1) A claim for
compensation under section 42 is made by submitting the claim to the DBNGP
Land Access Minister within the time prescribed by, and otherwise in
accordance with, the regulations.
(2) The claim for
compensation may extend not only to land in the DBNGP corridor but also to any
other affected land of the claimant.
3. Doubt about whether claimant is a land holder
If there is a question
as to whether the claimant is a land holder, the claim is to be received and
dealing with it under this Schedule may be postponed while issues that are
relevant to the question of whether the claimant is a land holder are being
resolved.
4 . Disposing of claim by purchase or other
acquisition
(1) If a claim is made
in accordance with this Schedule for compensation, the DBNGP Land Access
Minister may —
(a)
purchase by agreement the affected land or any estate or interest of the
claimant in the affected land; or
(b) if
the DBNGP Land Access Minister gives written notice within 3 months of the
receipt of the claim that the DBNGP Land Access Minister intends to do so,
compulsorily take under Part 9 of the Land Administration Act 1997 the whole
or part of the affected land.
(2) Compensation under
section 42 and this Schedule is to be given for injurious affection only in
respect of land, or an estate or interest in land, that has not been purchased
or taken in accordance with this clause.
[Clause 4 amended: No. 53 of 1997 s. 52 and Sch.
4. Div. 1.]
(1) If the DBNGP Land
Access Minister and the claimant agree on compensation that is sufficient to
compensate the claimant, the DBNGP Land Access Minister is to compensate the
claimant as agreed.
(2) The compensation
to be given is to be assessed on the basis of values applying at the time at
which the claim for compensation is made in accordance with this Schedule,
and, subject to subclause (4), is to include interest computed from 60 days
after the day on which the claim was made on the balance of compensation
outstanding from time to time at the rate prescribed under section 8(1)(a) of
the Civil Judgments Enforcement Act 2004 at the time at which the claim for
compensation is made.
(3) If a claim for
compensation has been made under this Schedule and compensation is to be
given, the DBNGP Land Access Minister may offer and give to the claimant, an
advance on account of the compensation due, and the advance may be received
and retained by the claimant without prejudice to any rights under section 42
and this Schedule.
(4) If an offer is
made to the claimant under subclause (3) and the offer is not accepted by the
claimant within 30 days of the day on which the offer was made, no interest is
thereafter payable under subclause (2) to the extent of the amount or value of
what was offered.
[Clause 5 amended: No. 8 of 2009 s. 46.]
(1) If the DBNGP Land
Access Minister and the claimant do not agree upon any question as to —
(a)
whether, or for what, the claimant is entitled to compensation; or
(b) the
amount or manner of the compensation to be given,
either party may cause
the question to be determined in the same manner as if it were a question
required to be determined under Part 10 of the Land Administration Act 1997 as
to compensation payable.
(2) Except as
otherwise stated in section 42 or this Schedule, Part 10 of the
Land Administration Act 1997 applies for the purposes of the determination of
the question, with such modifications as the circumstances require.
(3) In proceedings
under this clause for the determination of a question each party is to bear
their own costs but this subclause does not prevent the court from making an
order as to the payment of fees payable to the court or a member of it.
[Clause 4 amended: No. 53 of 1997 s. 52 and Sch. 4
Div. 1.]
7 . Matters affecting assessment of compensation
(1) If land is
developed after it becomes subject to restrictions under section 41, whether
or not approval is given to the land being developed, the development is to be
disregarded in dealing with any claim for compensation under section 42 and
this Schedule.
(2) A person is not
entitled to be compensated in respect of any matter or thing under section 42
and this Schedule if compensation in respect of it has been awarded under
another enactment or a Commonwealth law, and any compensation given under
section 42 and this Schedule is to be brought into account in awarding
compensation in respect of the same matter or thing under another enactment.
(3) If compensation
has previously been given under section 42 and this Schedule to any person in
respect of any land, or any estate or interest in land, no further
compensation is to be given under section 42 and this Schedule to that or any
other person in respect of injurious affection to the same estate or interest
in that land except to the extent that further injurious affection results
that is of a kind or degree not taken into account in assessing the previous
compensation.
[Schedule 3 deleted: No. 58 of 1999 s. 43.]