Western Australian Current Acts Western Australian Current Acts (1) In this section
and in sections 271 and 272 —
alleged unauthorised structure , in relation to a
responsible entity, means a structure that the responsible entity considers to
be an unauthorised structure;
notice means notice referred to in subsection (2);
responsible entity —
(a) for
a managed reserve, means the Minister or the management body of the reserve;
or
(b) for
any other Crown land, means the Minister;
unauthorised structure means structure the
erection of which —
(a) was
not, at the time of its erection, authorised under any Act or other law; or
(b) has
ceased, since the time of its erection, to be authorised by any Act or other
law.
(2) A responsible
entity for Crown land may by notice published in a newspaper circulating in
the locality of an alleged unauthorised structure that is on the Crown land
direct the owner of, or any person occupying, that alleged unauthorised
structure to remove it, its contents and any fixtures, materials and objects
in its vicinity permanently from the Crown land before the day specified in
that notice, being a day not less than 90 days after the day of publication of
that notice in that newspaper.
(3) A notice may be
directed to —
(a) the
owners or occupiers of all alleged unauthorised structures that are on any
Crown land specified in the notice; or
(b) the
owner or occupier of each of one or more alleged unauthorised structures
specified in the notice that are on any Crown land.
(4) The responsible
entity must, within 14 days after the publication of a notice under subsection
(2), cause a copy of the notice to be served on the owner or occupier of each
alleged unauthorised structure to which the notice relates.
(5) For the purposes
of subsection (4), and without limiting section 274 of this Act or section 76
of the Interpretation Act 1984 , a notice is duly served on the owner or
occupier of an alleged unauthorised structure if a copy of the notice is
—
(a)
served on any person in occupation or apparently in occupation of the alleged
unauthorised structure; or
(b) is
affixed to the alleged unauthorised structure in a conspicuous place.
(6) If —
(a) a
notice has been published under subsection (2) and a copy of the notice has
been served under subsection (4); and
(b) no
appeal is lodged under section 272(1) or, if an appeal is so lodged, the
appeal is dismissed; and
(c) the
whole or any part of an alleged unauthorised structure or an unauthorised
structure, as the case requires, to which the notice relates, any contents of
that structure or any fixtures, materials or objects remaining in the vicinity
of that structure has or have not been removed from the Crown land by the day
specified in the notice or, if an extension has been granted under
section 271(3), by the day fixed by that extension,
that structure and
those contents, fixtures, materials and objects become the property of the
Crown and may be removed, destroyed or disposed of in such manner as the
responsible entity thinks fit.
(7) No compensation is
payable to any person in respect of the removal, destruction or disposal under
subsection (6) of any alleged unauthorised structure or unauthorised
structure, or any contents, fixtures, materials or objects.
[Section 270 amended: No. 4 of 2023 s. 86.]