Western Australian Current Acts

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WATER CORPORATIONS ACT 1995 - SECT 92

92 .         Minister may vest certain land in Water Corporation and make orders in respect of certain reserves

        (1)         In this section —

        former water authority means —

            (a)         a Minister of the State; or

            (b)         an agency, authority or instrumentality of the State; or

            (c)         a body, whether incorporated or not, established or continued for a public purpose by or under a written law,

        who or that, at any time before the commencement of section 4(1) of this Act, performed functions relating to the provision of water services;

        order means an order made under subsection (2) or (3), as the case requires;

        relevant official , in relation to an estate or interest in land, or a reserve, specified in an order, means —

            (a)         the Registrar of Titles; or

            (b)         the Registrar of Deeds and Transfers; or

            (c)         any other person authorised by a written law to register or otherwise act on dealings affecting land,

        according to which of them, if any, is responsible for registering or otherwise acting on dealings affecting the estate or interest or the reserve.

        (2)         The Minister may, by order published in the Gazette , direct that an estate or interest in land specified in the order be vested in the Water Corporation if —

            (a)         the estate or interest was previously vested in a former water authority or the State; and

            (b)         the estate or interest is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.

        (3)         The Minister may, by order published in the Gazette , direct that the care, control and management of a reserve (as defined in the Land Administration Act 1997 section 3(1)) specified in the order is to be placed with the Water Corporation under the Land Administration Act 1997 section 46, if —

            (a)         the care, control and management of the reserve was previously placed with a former water authority under that section; and

            (b)         the reserve is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.

        (4)         An order takes effect —

            (a)         at the beginning of the day after the day on which the order is published in the Gazette ; or

            (b)         if a later day is specified in the order — at the beginning of that day.

        (5)         When an order takes effect —

            (a)         in the case of an order under subsection (2) — each estate or interest in land specified in the order vests in the Water Corporation by force of this paragraph; or

            (b)         in the case of an order under subsection (3) — the care, control and management of each reserve specified in the order is, by force of this paragraph, placed with the Water Corporation as if it were so placed under the Land Administration Act 1997 section 46.

        (6)         The Minister must give a copy of the order to each relevant official who must do all things necessary to show the effect of subsection (5)(a) or (b), as the case requires.

        [Section 92 inserted: No. 25 of 2012 s. 163.]



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