Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 6B

6B .         Certain rights of way vested in local governments, status of etc.

                To avoid doubt, it is declared that if —

            (a)         land was or is taken or resumed and vested in a local government for the purpose of a right of way or a right of way and recreation, and not a road; and

            (b)         the land comprising the right of way or right of way and recreation has not been or is not dedicated as a road under a written law,

                the land —

            (c)         is and since it was vested in the local government has remained a right of way; and

            (d)         the common law relating to the creation of a public right of way by way of dedication and acceptance has never applied and does not apply to the land so as to dedicate the land as a public right of way.

        [Section 6B inserted: No. 59 of 2000 s. 5.]