Western Australian Current Acts Western Australian Current Acts (1) Where any works or
other things are or have been placed upon, in, over or under any land by
—
(a) an
energy operator, in the performance or purported performance of its functions;
or
(b) any
predecessor in title of an energy operator, in relation to those works or
other things,
those works or other
things shall be taken to have been lawfully so placed and are, and shall at
all times continue to be, the property of the energy operator, unless the
energy operator has otherwise specified or may otherwise determine, and the
energy operator shall be deemed to have a right of access thereto for the
purposes of the performance of its functions.
(1aa) Where any works
or other things are or have been placed upon, in, over or under any land by a
person under an agreement or arrangement —
(a)
entered into by the energy operator in the performance or purported
performance of its functions; and
(b)
under which the property in those works or other things is to pass to the
energy operator on the occurrence of an event specified in the agreement or
arrangement (the transfer event ),
those works or other
things shall be taken to have been lawfully so placed and, on and from the
transfer event are, and shall at all times continue to be, the property of the
energy operator, unless the energy operator has otherwise specified or may
otherwise determine, and the energy operator shall be taken to have a right of
access to them for the purposes of the performance of its functions.
(1a) Where for the
purposes of any agreement or arrangement entered into by an energy operator it
has transferred or conveyed to another person the property or any other
interest in any works or other things placed in, over or under any land but
continues to manage or maintain such works or other things whether for itself
or for or on behalf of any other person the energy operator, and the
transferee and any successor in title of such transferee and their servants
and agents, shall be deemed to have a right of access thereto for the purposes
of carrying out the agreement or arrangement.
(2) An energy operator
and any person or body of persons authorised by the energy operator in that
behalf may demolish or destroy on, or remove from, any land occupied by it,
any plant, machinery, equipment, apparatus, buildings, road, or other works
placed or constructed thereon to which subsection (1) or (1aa) applies.
[Section 43 amended: No. 36 of 1984 s. 3; No. 30
of 1987 s. 7; No. 89 of 1994 s. 14, 39, 40 and 41; No. 58 of 1999 s. 83; No.
33 of 2004 s. 41.]
[ 44. Deleted: No. 89 of 1994 s. 15.]