Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND ADMINISTRATION ACT 1997 - SECT 175

175 .         Objections to proposed taking of interests in land

        (1)         When a notice of intention is issued —

            (a)         any person who is —

                  (i)         the principal proprietor of land affected by the notice; or

                  (ii)         an occupier of land affected by the notice; or

                  (iii)         the holder of any mining, petroleum or geothermal energy rights in land affected by the notice,

                and whose interest is affected by the proposal; or

            (b)         any management body whose management order will be affected by the proposal,

                may, alone or jointly with any other person or body so qualified, serve on the Minister, at an address mentioned in the notice of intention, a written objection to the taking of interests in the land, not relating to compensation.

        (2)         An objection must be lodged within 60 days after the registration of the notice of intention or such further time as the Minister may allow.

        (3)         An objection must identify the land and specify the nature of the interest of the objector in the land, the address of the objector and the grounds of objection.

        (4)         The Minister must consider any objections and any other representations by the objectors.

        (5)         After considering the objections and representations, the Minister is to —

            (a)         determine that the notice of intention is to stand unchanged; or

            (b)         cancel or amend the notice of intention, or cancel the notice and substitute another notice of intention, in accordance with section 170(6).

        (6)         If a notice of intention is amended, or cancelled and another notice substituted, under subsection (5)(b), the amended or substituted notice is to be treated as a new notice of intention for the purpose of allowing objections under this section, unless —

            (a)         the changes to the notice of intention do not affect any interests in land apart from those of persons who have already objected; and

            (b)         each objector has agreed to the change in writing.

        [Section 175 amended: No. 35 of 2007 s. 98(9).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback