Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 253

253 .         Land subject to rent-charge etc., application of compensation in case of

                If an interest in land in respect of which compensation is payable or awarded is subject to any rent-charge or annuity, the State Administrative Tribunal or the court hearing an action for compensation under section 202 is to determine —

            (a)         if the interest is part only of the interest subject to the rent-charge or annuity — what proportion of the rent-charge or annuity is to be redeemed so that the remaining interest constitutes as good a security for the remaining rent-charge or annuity as the whole of the interest constituted for the whole of the charge or annuity; and

            (b)         what part of the compensation is to be paid to the party entitled in redemption of the rent-charge or annuity.

        [Section 253 amended: No. 55 of 2004 s. 569.]