Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 59

59 .         Creation and management of mall reserves

        (1)         Subject to this section, a local government may request the Minister to reserve under section 41 any Crown land within its district described in a plan of survey or sketch plan for the purpose of passage through that land by —

            (a)         pedestrians; and

            (b)         vehicles used by the holders of the freehold in, and occupiers of, land adjoining that land; and

            (c)         other vehicles permitted access to that land under local laws made under the Local Government Act 1995 ,

                and for any other compatible purpose.

        (2)         Before making a request under subsection (1), a local government must —

            (a)         advertise the purpose and details of the request in the prescribed manner; and

            (b)         send copies of that advertisement to the holders of the freehold in, and occupiers of, land adjoining the land in question, to suppliers of public utility services on the land in question and to the Planning Commission,

                and specify in that advertisement a period of not less than 35 days from the day of that advertisement during which submissions relating to the request may be lodged with the local government.

        (3)         After the expiry of the period referred to in subsection (2), the local government must send to the Minister its request, together with copies of any submissions lodged with it during that period and its comments on those submissions.

        (4)         The Minister may, after receiving and considering a request and any accompanying submissions and comments sent to the Minister under subsection (3) —

            (a)         by order —

                  (i)         grant the request; and

                  (ii)         place the care, control and management of the mall reserve with the relevant local government or a State instrumentality;

                or

            (b)         direct the relevant local government to reconsider the request, having regard to such matters as the Minister thinks fit to mention in that direction; or

            (c)         refuse the request.

        (5)         On the registration of an order made under subsection (4)(a) —

            (a)         any road within the mall reserve is closed and section 58(6) applies to any such road as if that road had been closed under section 58; and

            (b)         the Minister may by order confer on the management body of the relevant mall reserve power to grant a lease or licence over, or to mortgage, the whole or any part of that mall reserve for the purpose referred to in subsection (1), and a person leasing land from a management body on which that power has been conferred may, if that lease so provides, sublease the whole or any part of the land so leased for that purpose.

        (6)         An order made under subsection (4)(a) or (5)(b) does not create any interest in Crown land in the relevant mall reserve in favour of the management body of that mall reserve.

        (7)         For the purposes of —

            (a)         obtaining access to land adjoining a mall reserve; or

            (b)         installing, maintaining or removing public utility services within a mall reserve,

                the land within the mall reserve is to be treated as if it were a road.

        [Section 59 amended: No. 4 of 2023 s. 92.]



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