Western Australian Current Acts Western Australian Current Acts In every case where by
this Act any expenses are declared to be a charge on land or premises, the
following provisions shall apply:
(1) If any question or
dispute arises as to the fact or amount of the charge, or as to the land or
premises subject thereto, or as to the persons liable to pay the same, then
the question shall be determined by the Magistrates Court, constituted by a
magistrate, whose decision shall be final.
(2) Subject to the
court’s decision a certificate under the hand of the CEO, or of the
chief executive officer of the local government, shall be sufficient evidence
of the amount of the charge, the land and premises subject to the charge, and
the persons liable to pay the charge.
(3) Such certificate,
or, as the case may be, a certificate of the court’s decision may be
registered against the land affected thereby.
(4) The charge shall
be registered, enforced and be discharged in such manner as is prescribed by
regulations under this Act.
(5) Such charge shall
rank, if the expenses are due to the Crown, pari passu with land tax, and in
other cases it shall rank pari passu with rates due to the local government.
Provided that such
regulations shall not authorise any land to be sold, except pursuant to an
order of the Magistrates Court which shall not be made unless 3 months before
the making thereof notice of intention to apply for such order has been
published in the Government Gazette and given to every person who, upon search
in the records of the Western Australian Land Information Authority
established by the Land Information Authority Act 2006 section 5, appears to
be entitled to any estate or interest or mortgage or other security in or over
the land.
[Section 372, formerly section 295, amended: No.
17 of 1918 s. 52; No. 30 of 1932 s. 46; renumbered as section 372: No. 38 of
1933 s. 42; amended: No. 28 of 1984 s. 42; No. 14 of 1996 s. 4; No. 81 of 1996
s. 153(2); No. 57 of 1997 s. 68(3); No. 59 of 2004 s. 141; No. 28 of 2006 s.
251; No. 60 of 2006 s. 135(2).]