Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 180

180 .         Taking order may be annulled or amended

        (1)         A taking order may, at any time within 90 days after its registration, be annulled or amended by the registration of an order to that effect.

        (1a)         As soon as possible after the registration of an order under subsection (1) the Minister must cause a copy of the order to be published once in a daily newspaper circulating throughout the State.

        (2)         Section 177(5)(b) and (c) apply to the order annulling or amending the taking order as if it were a taking order.

        (3)         Subject to this section —

            (a)         an order so annulled; and

            (b)         if an order is so amended — any part of the earlier order that is inconsistent with the order as amended,

                is void ab initio .

        (4)         No person is to be prejudiced in respect of any interest in the land or in any right arising from such an interest by reason of having, in consequence of or in reliance on the earlier order, done or omitted any act or thing, or failed to enforce or act upon any right, or comply with any obligation in respect of the interest or right.

        (5)         Except as provided in section 181, no person has any right of action or claim against the Crown, the Minister, or an acquiring authority for anything done in good faith done under the taking order before it was annulled or amended.

        (6)         This section does not limit the power of the Minister to take, by any subsequent order, any interest in the land described in any order annulled or amended.

        [Section 180 amended: No. 61 of 1998 s. 15.]



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