Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section, if it is proposed to take interests in land without agreement under
this Part, the Minister must issue a notice of intention to take the
interests, in accordance with this section.
(2) A notice of
intention need not be issued if the proposed taking is for the purpose of a
railway authorised by a special Act.
(3) A copy of the
notice must be sent to the Registrar of Titles or the Registrar of Deeds, as
appropriate.
(4) Upon the receipt
of the notice —
(a) the
Registrar of Titles must register the notice in the document of title relating
to the land; or
(b) the
Registrar of Deeds must register a memorial of the notice on the Deeds
Register,
as appropriate.
(5) As soon as
possible after the registration of the notice, the Minister must —
(a)
cause a copy of the notice to be published once in a daily newspaper
circulating throughout the State;
(b)
cause a copy of the notice to be served on the principal proprietor of any
land affected by the notice, the occupier of the land and the holders of any
native title rights or interests, or of any mining, petroleum or geothermal
energy rights, in the land, either personally or by registered post (or any
similar type of post that is prescribed) sent to their last known place of
residence;
(c)
cause a copy of the notice to be given to the Director General of Mines
referred to in the Mining Act 1978 ;
(d)
advise the persons mentioned in paragraph (b) of the procedures under this
Part and Part 10 for the taking of land, payment of purchase money or
compensation for land taken, rights of appeal or review and rights as to the
future disposition of land taken by agreement and compulsorily taken, unless
they have already been given that advice.
(6) The Minister may
cancel or amend the notice of intention, or cancel the notice and substitute
another notice of intention, by a notice issued, published and distributed in
the same way as the original notice.
(7) The notice of
intention, or substituted notice of intention, remains current for 12 months,
or a longer period determined under subsection (8), from the date of
registration, unless cancelled.
(8) The Minister may,
in respect of a particular notice of intention, determine that a longer period
applies for the purposes of subsection (7).
(9) A determination
under subsection (8) —
(a) must
be made while the notice of intention is current; and
(b) must
be notified in writing to the relevant persons mentioned in subsection (5)(b)
and (c); and
(c) may
be made more than once.
(10) Subsections (3)
and (4) apply to a determination under subsection (8) as if it were a notice
of intention.
[Section 170 amended: No. 61 of 1998 s. 13(1) and
(2) 7 ; No. 55 of 2004 s . 567; No. 35 of 2007 s. 98(8); No. 4 of 2023 s. 77.]