Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 178

178 .         Taking order, content of

        (1)         A taking order must —

            (a)         identify the land affected by the order; and

            (b)         either —

                  (i)         identify any registered or unregistered interest to be taken; or

                  (ii)         specify that the land is taken, subject to any provision made under subsection (2)(a);

                and

            (c)         specify that, subject to any provisions made under subsection (2)(d), any interest taken is to be held as Crown land in the name of the State of Western Australia; and

            (d)         designate appropriately any land or interests in land required for the purpose of the public work; and

            (e)         if the land, or interests in the land, required for the public work will be held by a person other than the Crown — specify any covenants in favour of the public work that will apply to the land or the interests; and

            (f)         if land affected by the order is not under the Transfer of Land Act 1893 — provide that it will be registered under that Act.

        (2)         A taking order may, as necessary —

            (a)         provide that specified interests are to be preserved in land affected by the order;

            (b)         provide that any existing designation of the land is to be cancelled;

            (c)         vary an existing management order;

            (d)         provide that specified interests are to be disposed of or granted in land affected by the order to specified persons;

            (e)         provide that land will be excised from an existing portion or portions of land;

            (f)         provide as necessary for the cancellation, amendment or issue of certificates of Crown land or certificates of title.

        (3)         The interests which may be disposed of or granted under subsection (2)(d) include the fee simple, a lease of Crown land or any easement or obligation.

        (4)         A grant or disposition under subsection (2)(d) may be made to the acquiring authority or any other person.

        (5)         If it is proposed to dispose or grant an interest under subsection (2)(d) out of an interest held by the Crown before the taking order, the making of the order is subject to section 18.

        (6)         An easement granted under subsection (2)(d) may be specified as being subject to revocation without compensation on a breach of any of the conditions subject to which it was granted.

        (7)         The Minister may, by the same or a subsequent order, declare that the interest of any lessee or occupier of the land is to continue until a date specified in the order or uninterrupted until taken by further notice, and may declare that the continued interest is not to be considered to be in satisfaction or part satisfaction of compensation for the land.

        (8)         If the land affected by the taking order was occupied under section 183 or 186, the taking order may specify the date of actual occupation as the date of taking.

        [Section 178 amended: No. 74 of 2003 s. 72(3).]