Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 3.53

3.53 .         Control of certain unvested facilities

        (1)         In this section —

        former section 300 means section 300 of the Local Government Act 1960 4 as in force before the commencement of this Act;

        otherwise unvested facility means a thoroughfare, bridge, jetty, drain, or watercourse belonging to the Crown, the responsibility for controlling or managing which is not vested in any person other than under this section.

        (2)         A local government is responsible for controlling and managing every otherwise unvested facility within its district unless subsection (5) states that this section does not apply.

        (3)         If the facility is partially within each of 2 or more districts, it is to be controlled and managed as the local governments for the districts concerned agree or, if they do not agree, as the Minister directs.

        (4)         An agreement or direction under subsection (3) has effect according to its terms.

        (5)         This section does not apply if any person was, immediately before the commencement of this Act, responsible for controlling or managing the facility unless —

            (a)         the responsibility arose under the former section 300; or

            (b)         the Governor, by order, declares that the facility is to be controlled and managed under this section.



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