Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) Where after the
coming into operation of section 16 of the Town Planning and Development
Amendment Act 1982 1 (in this section referred to as "the amending Act”
) —
(a) a
person (in this section called "the later subdivider” ) having after
that coming into operation subdivided land —
(i)
a lot or lots of that subdivision has or have a common
boundary with; or
(ii)
a road of that subdivision (in this subsection called "a
subdivisional road” ) joins,
an existing road;
(b) a
person (in this section called "the original subdivider” ) who
previously subdivided land that also has a common boundary with that existing
road, in connection with that subdivision, contributed to or bore solely the
cost of providing the existing road; and
(c) the
later subdivider did not contribute to that cost,
the original
subdivider may, in accordance with this section, recover from the later
subdivider a sum representing one-half of so much of the cost as was borne by
the original subdivider of providing the part of the existing road which has a
common boundary with the lot or lots, or is joined by a subdivisional road,
referred to in paragraph (a).
(2) An amount payable
under subsection (1) may be recovered by the original subdivider in a court of
competent jurisdiction as a debt due to him by the later subdivider; but no
proceedings therefor shall be commenced after the expiration of 6 years from
the date of the later subdivision.
(3) In this section
reference to the cost of providing a road is a reference to the aggregate of
—
(a) the
value, as at the date of the subdivision referred to in subsection (1)(b), of
the portion of the land provided as a road, being such percentage of the
market value of the total area of land comprised in that subdivision as the
area of the road bears to that total area as at the date of that subdivision;
and
(b) the
cost of designing and carrying out the following works —
(i)
the survey of the land provided as a road;
(ii)
the formation, preparation, priming and sealing of the
road; and
(iii)
the provision of kerbing, drainage and service ducts in
connection with the road.
(4) For the purposes
of this section —
(a) land
is subdivided on the date on which, any conditions specified by the Commission
having been complied with, the approval of the Commission is endorsed on the
diagram or plan of survey relating to the subdivision of the land, as provided
in regulations made under this Act; and
(b) the
market value of land is the capital sum, determined in accordance with
section 20C(4)(c)(ii), (iii) and (iv), which an unencumbered estate in fee
simple in the land might reasonably be expected to realise if offered for sale
on such reasonable terms and conditions as a bona fide seller would require.
[Section 28A inserted by No. 120 of 1982 s. 16;
amended by No. 92 of 1985 s. 10; No. 26 of 1986 s. 11; No. 55 of 2004 s.
1200.]