Western Australian Current Acts Western Australian Current Acts (1) If —
(a) a
notice of intention has been registered in relation to land; and
(b) the
Minister either —
(i)
has received no objections from any proprietor or
occupier within 60 days after the registration or within such further time as
is allowed by the Minister; or
(ii)
has determined that the objections received in that time
do not warrant the cancellation, amendment or cancellation and substitution of
the notice of intention; or
(iii)
is satisfied that every objector concerned has consented
in writing to the purchase or taking of the objector’s interest,
the Minister may make
a taking order consistent with the notice of intention.
(2) If a special Act
has been passed authorising the construction of a railway, the Minister may
make a taking order consistent with that Act.
(3) If an agreement
has been concluded in accordance with section 168, the Minister may make a
taking order in relation to the interest the subject of the agreement.
(4) The Minister, when
making a taking order under this section, may also make such other orders
under this Act as are necessary to give effect to the purpose of the taking.
(5) As soon as
possible after the registration of the order, the Minister must —
(a)
cause an extract from the order, in the approved form, to be published once in
a daily newspaper circulating throughout the State; and
(b)
cause a copy of the order to be given to the Director-General of Mines
referred to in the Mining Act 1978 ; and
(c)
cause a copy of the order together with forms for the claiming of compensation
under Part 10 to be served on each proprietor and each occupier of the land
and each holder of any mining, petroleum or geothermal energy rights in the
land, or such of them as can with reasonable diligence be ascertained at the
time of the making of the order, either personally or by registered post (or
any similar type of post that is prescribed) sent to their last known place of
residence; and
(d)
advise the persons mentioned in paragraph (c) of the procedures under Part 10
for compensation for interests taken, unless they have already been given that
advice.
[Section 177 amended: No. 61 of 1998 s. 14; No. 35
of 2007 s. 98(10); No. 4 of 2023 s. 78.]