Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 200

200 .         Compulsory acquisition in progress at 30 Mar 1998 etc., transitional provisions for

        (1)         If, immediately before the appointed day, a notice of intention under section 17(2)(b) of the Public Works Act 1902 was current in relation to any land —

            (a)         that Act, as it stood immediately before the appointed day, continues to apply in relation to the land until the end of the period of 30 days referred to in section 17(2)(e) of that Act; and

            (b)         if, at the end of that period, the requirements of that provision have been fulfilled, the Minister may make a taking order consistent with the notice of intention as if it had been a notice of intention issued under this Part; and

            (c)         a taking order made under paragraph (b) is to be treated as having been duly made under this Part, and the rights of any person, to compensation and otherwise, arising under this Part and Part 10 are to be assessed as if any act done under that Act had been duly done under this Act.

        (2)         Subject to subsection (1), if, immediately before the appointed day, a procedure had been begun but not completed under a provision of the Public Works Act 1902 (the first Act ) subsequently amended or repealed by the Acts Amendment (Land Administration) Act 1997 (the second Act ), the procedure may be continued and completed as if the first Act had not been amended by the second Act.

        (3)         Without limiting subsection (2), if —

            (a)         any proceedings for relief in respect of any alleged act or omission done or omitted by or on behalf of the Crown in respect of any land compulsorily taken or resumed under the first Act (including an appeal from a decision made in any such proceedings) were pending immediately before the appointed day; and

            (b)         any relief sought in those proceedings is granted,

                the person who instituted those proceedings may make any application, or take any other action, under the first Act in respect of that land as if the first Act had not been amended by the second Act, and the first Act as it existed before its amendment by the second Act applies to and in relation to any such application or other action.

        (4)         This section is in addition to, and does not derogate from the application to the first Act, the second Act or this Act of, the Interpretation Act 1984 .