Western Australian Current Acts Western Australian Current Acts (1) Where 2 or more
persons enter into a dealing relating to a title that may come into existence
in the future and that dealing would, if the title came into existence, become
a dealing to which section 81 applies, a person who is a party to the dealing
may, during the prescribed period in relation to the title, lodge with the
Minister —
(a) in a
case where the dealing relates to only one title that may come into existence
in the future, a provisional application in writing for approval by the
Minister of the dealing; or
(b) in
any other case, a separate provisional application in writing for approval by
the Minister of the dealing in relation to each title that may come into
existence in the future and to which the dealing relates.
(2) Section 81(4), (7)
and (8) applies to a provisional application lodged under subsection (1) as if
that provisional application were an application lodged under section 81(3).
(3) Where —
(a) the
title to which a dealing referred to in subsection (1) relates comes into
existence; and
(b) upon
that title coming into existence, the dealing becomes a dealing to which
section 81 applies,
the provisional
application lodged under subsection (1) in relation to the dealing shall be
treated as if it were an application lodged under section 81(3) on the day on
which that title came into existence.
(4) A reference in
subsection (1) to the prescribed period, in relation to a title, is a
reference to the period —
(a)
commencing —
(i)
in the case of a permit, lease, licence, infrastructure
licence or pipeline licence, on the day of service of an instrument informing
the applicant for the permit, lease, licence, infrastructure licence or
pipeline licence that the Minister is prepared to grant the permit, lease,
licence, infrastructure licence or pipeline licence; or
(ii)
in the case of an access authority, on the day on which
the application for the grant of the access authority is made;
and
(b)
ending on the day on which the title comes into existence.
[Section 81A inserted: No. 12 of 1990 s. 203;
amended: No. 42 of 2010 s. 127.]