Western Australian Current Acts Western Australian Current Acts (1) Any land,
including land under the surface (not being land that is the subject of a
mining tenement or land on which mining operations are lawfully being carried
on under an agreement in writing with the owner of the land) that in the
opinion of the Governor on the recommendation of the Minister ought to be
taken for the purposes of this Act is hereby authorised to be taken on behalf
of the Crown pursuant to Part 9 of the Land Administration Act 1997 as though
the taking were required for a public purpose, and for that purpose the
Minister or the Minister administering that Act may cause the land to be
inspected, surveyed, explored, and reported upon by such officers and workmen
as he directs, all of whom may thereupon enter upon the land and carry out all
necessary operations in accordance with that Act.
(2A) In subsection (1)
—
land does not include Commonwealth land.
(2) At the request of
a person interested in land to which subsection (1) refers, any other land
that is being or is intended to be used in conjunction with that land may be,
and is hereby authorised to be, taken on behalf of the Crown in accordance
with that subsection if the Governor, on the recommendation of the Minister,
so determines.
(3) Upon the taking of
any land pursuant to this section the owner and occupier is entitled to
compensation, and the amount of the compensation shall be determined in the
manner prescribed by Part 10 of the Land Administration Act 1997 but in
assessing the amount of the compensation to be paid no allowance shall be made
for the value of any minerals known or supposed to be on or under the land
taken, other than minerals which are the property of the owner.
(4) Where it is agreed
or the State Administrative Tribunal determines that damage has been sustained
by a claimant by reason of the severance of the land taken from other
adjoining land of the claimant, the Governor, on the recommendation of the
Minister, may determine or the State Administrative Tribunal may order that in
accordance with this section such adjoining land or some portion thereof shall
also be taken.
[Section 21 amended: No. 100 of 1985 s. 14; No. 31
of 1997 s. 71(3)-(6); No. 55 of 2004 s. 570; No. 51 of 2012 s. 10.]