Western Australian Current Acts Western Australian Current Acts (1) If in the district
of a local government —
(a) land
is reserved or acquired for use by the public, or is used by the public, as a
road under the care, control and management of the local government; or
(b) in
the case of land comprising a private road constructed and maintained to the
satisfaction of the local government —
(i)
the holder of the freehold in that land applies to the
local government, requesting it to do so; or
(ii)
those holders of the freehold in rateable land abutting
the private road, the aggregate of the rateable value of whose land is greater
than one half of the rateable value of all the rateable land abutting the
private road, apply to the local government, requesting it to do so;
or
(c) land
comprises a private road of which the public has had uninterrupted use for a
period of not less than 10 years,
and that land is
described in a plan of survey, sketch plan or document, the local government
may request the Minister to dedicate that land as a road.
(2) If a local
government resolves to make a request under subsection (1), it must —
(a) in
accordance with the regulations prepare and deliver the request to the
Minister; and
(b)
provide the Minister with sufficient information in a plan of survey, sketch
plan or document to describe the dimensions of the proposed road.
(3) On receiving a
request under subsection (2), the Minister must consider the request and may
then —
(a)
subject to subsection (5), by order grant the request; or
(b)
direct the relevant local government to reconsider the request, having regard
to any matters the Minister specifies in that direction; or
(c)
refuse the request.
(3A) Land dedicated
under subsection (3)(a) is subject to any encumbrances specified in the order.
(4) On the Minister
granting a request under subsection (3), the relevant local government is
liable to indemnify the Minister against any claim for compensation (not being
a claim for compensation in respect of land referred to in subsection (6)) in
an amount equal to the amount of all costs and expenses reasonably incurred by
the Minister in considering and granting the request.
(5) To be dedicated
under subsection (3)(a), land must immediately before the time of dedication
be —
(a)
Crown land or, in the case of a private road, alienated land; and
(b)
designated in the relevant plan of survey, sketch plan or document as having
the purpose of a road.
(6) If land is
dedicated under subsection (3)(a), a person with an interest in that land
(including a person who has the benefit of an easement created under section
167A of the TLA) is not entitled to compensation because of that dedication.
[Section 56 amended: No. 59 of 2000 s. 16; No. 4
of 2023 s. 28.]