Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) the
fee simple in land was taken or resumed without agreement under this or
another Act and either —
(i)
the taking or resumption was done less than 10 years
previously; or
(ii)
the land has not been used for any public work;
and
(b) the
Minister proposes to cancel the designation of the fee simple under
section 187, or to designate it for the purpose of a public work other than
one ancillary or incidental to the purpose for which it was originally taken;
and
(c) the
land is not a small portion taken at the request of the holder under
section 176; and
(d) the
land has not been substantially improved since the taking; and
(e)
either —
(i)
the land as a separate lot complies with the requirements
of the Planning and Development Act 2005 ; or
(ii)
the land can be amalgamated with adjoining land whose fee
simple is owned by a qualified person in such a way as to comply with those
requirements.
(2) For the purposes
of this section, a person is qualified if the person —
(a) held
the fee simple in the land immediately before the taking; or
(b) is
the legal representative of a deceased individual who held the fee simple in
the land immediately before the taking.
(3) If this section
applies, the holding authority must —
(a)
cause a notice to be published once in a daily newspaper circulating
throughout the State to the effect that the land is no longer required for the
purposes of the work for which it was taken; and
(b)
cause a copy of the notice to be served on each person who appears to it to be
qualified, either personally or by registered post (or any similar type of
post that is prescribed) sent, in the case of an individual, to the
person’s last known place of abode, or, in the case of a corporation, to
the corporation’s registered office.
(4) The service of a
notice under subsection (3) does not imply an acknowledgment by the holding
authority of any right in the person or persons to be granted an option under
this section.
(5) A qualified person
who wishes to be given an option to purchase the fee simple must apply in
writing to the holding authority within 30 days, or such extended period as
the Minister may approve, after the publication of the notice referred to in
subsection (3).
(6) The holding
authority must grant an option to purchase the fee simple to any applicant
that the authority is satisfied is qualified, and notify any applicant of its
decision within 60 days after the end of the period or extended period
referred to in subsection (5).
(7) The purchase price
under the option is to be the current market value of the fee simple as
determined by the holding authority on the advice of the Valuer-General.
(8) If more than one
qualified person applies, the holding authority may determine such order or
priority for the exercise of options granted as it thinks reasonable.
(9) An option is to be
granted on such terms and conditions as the holding authority thinks
reasonable and may include a condition prohibiting the option holder from
assigning the option.
(10) A person
aggrieved by a decision of the holding authority in refusing to grant an
option under this section, in ordering the priorities of options, or in
setting the purchase price or other terms and conditions of an option may
lodge an appeal with the Minister under Part 3.
(11) An appeal under
subsection (10) must be lodged within 21 days after receipt of the notice of
the decision concerned, or such longer period as the Minister in special
circumstances allows.
[Section 190 amended: No. 38 of 2005 s. 11; No. 4
of 2023 s. 79.]