Western Australian Current Acts Western Australian Current Acts (1) Regulations made
under this Act may, subject to the approval of the Minister administering the
Transfer of Land Act 1893 , make provision for the use of a standard series of
forms describing the more frequently occurring particular kinds of estate or
interest less than fee simple which an energy operator acquires pursuant to
this Act, and where the estate or interest to be acquired by an energy
operator is of one of the particular kinds so prescribed it may, —
(a)
subject to subsection (2), be described in the prescribed abbreviated manner
in any transfer under the provisions of the Transfer of Land Act 1893 , or in
any notice served under the Public Works Act 1902 or the
Land Administration Act 1997 , for the purposes of this Act; and
(b)
where the estate or interest is of a kind that is not required to be
transferred in accordance with the provisions of the Transfer of Land Act
1893 , be transferred in the prescribed manner,
by reference to the
appropriate prescribed standard form.
(2) For the purposes
of section 170(5)(b) of the Land Administration Act 1997 , the copies of the
notice shall be accompanied by a description of the estate or interest to be
acquired and by a copy of any plan or other documents referred to in the
notice.
[(3) deleted]
(4) Where an energy
operator acquires an estate or interest in any land less than is held by the
person from whom it was so acquired, then there shall be endorsed upon the
deed, certificate, or other instrument evidencing the title to the land from
which the estate or interest acquired is derived a note, whether or not by way
of a prescribed abbreviated description, as to the estate or interest acquired
and that deed, certificate, or other instrument shall be returned to the
person from whom it was received or to any person entitled to receive it on
his behalf.
(5) The description of
an estate or interest acquired pursuant to section 37 which the energy
operator does not require to be recorded on, or by way of memorial in the
register relating to, the title to the land in question may be delineated by
reference to a plan other than a survey plan.
[Section 38 amended: No. 89 of 1994 s. 39 and 41;
No. 31 of 1997 s. 26(3)-(6); No. 58 of 1999 s. 83(1) and (3); No. 33 of 2004
s. 40.]