(1) In this
section —
“granted” means granted under the
Land Administration Act 1997 section 144;
“relevant easement” , in relation to
the proprietor or lessee of land, means the easement that, on being granted,
gives access to that land.
(2) Nothing in this
section operates to cancel or otherwise affect the easement shown on Deposited
Plan 26582 that —
(a) was
registered under the Transfer of Land Act 1893 on 11 May 1989
as easement E098676; and
(b)
benefits —
(i)
Lot 702 as shown on Diagram 83203, being the land
described in Certificate of Title volume 1971 folio 410; and
(ii)
Lot 703 as shown on Diagram 83203, being the land
described in Certificate of Title volume 1971 folio 411.
(3) State forest No. 7
and State forest No. 22 are amended by excising an area of about 271 ha and an
area of about 5 404 ha respectively, being part of the land in Lots 3071,
3073, 3074, 3075, 3076, 3077 and 3078 as shown coloured green on Deposited
Plan 36440.
(4) Reserve No. 1774,
comprising an area of 3 411.013 5 ha reserved for the purpose of
Perth water supply and classified as other than a class A reserve, is amended
by excising an area of about 2 012 ha, being part of the land in Lot 3071
as shown coloured green on Deposited Plan 36440.
(5) Reserve No. 21172,
comprising an area of 40.468 6 ha reserved for the purpose of water and
classified as other than a class A reserve and being the land in Canning
Location 970, is cancelled.
(6) The whole of Eden
Crescent, View Road, Vernon Road and Alice Road and all those portions of
Fitzroy Road, Gladys Road, Mabel Road and Edward Road as shown on
Plan 5176 and Deposited Plans 127015, 171447 and 222583, comprising an
area of about 7.6 ha and being part of the land in Lot 3070 as shown coloured
green on Deposited Plan 36440, are closed.
(7) The whole of Hayes
Road and all those portions of Carinyah Road, Littelys Road and
Springdale Road as shown on Deposited Plans 202184, 226016, 226033 and 226046,
comprising an area of about 17.9 ha and being part of the land in Lot 3071 as
shown coloured green on Deposited Plan 36440, are closed.
(8) All those portions
of Alban Road and Walnut Road as shown on Deposited Plan 202177, comprising an
area of about 3 ha and being part of the land in Lot 3074 as shown coloured
green on Deposited Plan 36440, are closed.
(9) All that portion
of McCorkill Road as shown on Deposited Plan 89574, comprising an area of
about 0.6 ha and being part of the land in Lot 3075 as shown coloured green on
Deposited Plan 36440, is closed.
(10) All those
portions of unnamed road as shown on Deposited Plans 128459, 202198, 202177,
202178 and 202197, comprising an area of about 6.6 ha and being part of the
land in Lots 3071, 3074 and 3076 as shown coloured green on Deposited
Plan 36440, are closed.
(11) On the closure of
the roads and portions of road mentioned in
subsections (6), (7), (8), (9) and (10) —
(a) all
rights of way over the land comprising the former roads and portions of road
cease; and
(b) that
land becomes unallocated Crown land.
(12) The relevant
easement shown on Deposited Plan 36440 is granted to the
proprietor of the land (the "benefited land") in Lot 255 as shown on Deposited
Plan 250204 over the land in Lot 3071 as shown coloured green on Deposited
Plan 36440 for the purpose of access to the benefited land.
(13) The relevant
easement shown on Deposited Plan 36440 is granted to the
lessee of the land (the "benefited land") that is the subject of Mining Lease
70/733 over the land in Lot 3071 as shown coloured green on Deposited Plan
36440 for the purpose of access to the benefited land.
(14) The land in each
lot or part lot specified in column 1 of Schedule 2, as shown on the
corresponding diagram or plan specified in column 2 of Schedule 2
and being the land described in the corresponding certificate of title
specified in column 3 of Schedule 2 —
(a) is
transferred to and revested in the Crown;
(b) is
Crown land; and
(c) is
part of the land in Lots 3070, 3071 and 3072 as shown coloured green on
Deposited Plan 36440.
(15) The land in Lots
3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077 and 3078 as shown coloured
green on Deposited Plan 36440, comprising an area of about 6 344 ha,
is —
(a)
reserved under the Land Administration Act 1997 Part 4 for the purpose of
a national park; and
(b)
classified as class A reserve No. 47881.