Western Australian Current Acts

SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 - SECT 117

117 .         Abandoned etc. property, powers as to

        (1)         Subject to this section, the CEO may take possession of any property that is on land or waters in the Riverpark if —

            (a)         the CEO has reasonable grounds to believe that the property has been abandoned, is derelict or constitutes a danger to persons, property or the environment; or

            (b)         a notice under subsection (2)(b) relating to that property has not been complied with.

        (2)         Before the CEO exercises the power in subsection (1)(a) in relation to property that does not constitute a danger to persons, property or the environment, the CEO must —

            (a)         make reasonable inquiry as to the identity and whereabouts of the person who is or has been the owner of the property; and

            (b)         if the identity and whereabouts of that person become known to the CEO give notice to that person requiring that person to remove the property within the time specified in the notice.

        (3)         A person to whom a notice is given under subsection (2)(b) must comply with the notice.

        Penalty: a fine of $10 000.

        (4)         Any cost incurred by the CEO under this section is a debt due to the State by a person who is shown to have been the owner, or in the case of abandoned property the former owner, at the time of removal and is recoverable in a court of competent jurisdiction.

        (5)         Subject to subsections (6), (7) and (8) any property removed under this section becomes the property of the State and may be disposed of as the CEO thinks fit.

        (6)         If the CEO’s estimate of the value of the property exceeds the costs referred to in subsection (4) together with the costs associated with the sale of the same, the CEO must sell the property, and after payment of all of the costs, hold the proceeds in accordance with subsection (7).

        (7)         The proceeds of sale referred to in subsection (6) must be paid into the Consolidated Account at the expiration of 12 months from the date of the sale unless within that time a person proves to the satisfaction of the CEO that that person is entitled to them or any part of them, in which case the CEO must pay the proceeds or part of the proceeds in accordance with that entitlement.

        (8)         Despite subsections (5), (6) and (7), the CEO must give possession of the property to any person who, before the CEO exercises a power under subsection (5) or (6), proves that that person is entitled to the same and who pays to the CEO all costs incurred by the CEO under this section.

        [Section 117 amended: No. 6 of 2015 s. 41, 51 and 53.]