Western Australian Current Acts Western Australian Current Acts (1) In this section
—
adjoining land means the land referred to in
subsection (2)(b) or (3)(b), as the case requires.
(2) Whenever the
Minister considers that a parcel of Crown land is —
(a)
unsuitable for retention as a separate location or lot, or for subdivision and
retention as separate locations or lots, because of its geographical location,
potential use, size, shape or any other reason based on good land use planning
principles; but
(b)
suitable for —
(i)
conveyance in fee simple to the holder of the fee simple;
or
(ii)
disposal by way of lease to the holder of a lease granted
by the Minister under this Act,
of land adjoining that
parcel,
the Minister may, with
the consent of that holder and on payment to the Minister of the price, or of
the initial instalment of rent, as the case requires, agreed with that holder,
by order convey that parcel in fee simple or lease that parcel to that holder
and amalgamate that parcel with the adjoining land.
(3) If —
(a) a
parcel of land comprised in a road that is closed, whether under this Act or
the repealed Act, is Crown land; and
(b) part
of the land through which that closed road passes or which it adjoins is taken
under Part 9 for the purpose of a road to replace that closed road; and
(c) as a
result of that taking, the person holding the fee simple of, or a lease
granted by the Minister under this Act in respect of, the adjoining land (the
landholder ) is entitled to compensation under Part 10 from the person who
took that part (the taker ),
the Minister may, with
the consent of the landholder and the taker and on payment to the Minister of
any price, or of any initial instalment of rent, as the case requires, agreed
with the landholder, by order —
(d)
convey to the landholder in fee simple or lease to the landholder, as the case
requires, by way of satisfaction or part satisfaction of the compensation
payable to the landholder, so much of that parcel as is, in the opinion of the
Minister, equivalent in value to the whole or the relevant part of that
compensation; and
(e)
amalgamate the land so conveyed or leased with the adjoining land.
(4) When land has been
conveyed or leased under subsection (3)(d), the taker must, if required by the
Minister to do so, pay to the Minister forthwith the amount of the
compensation in satisfaction of which that land has been so conveyed or
leased.
(5) On the
amalgamation under subsection (2) or (3) of the whole or part of a parcel of
Crown land with the adjoining land —
(a) that
parcel or part becomes, if the adjoining land is —
(i)
land held in freehold, part of the adjoining land and
held in the same freehold; or
(ii)
Crown land held under lease, part of the adjoining land
and held under the same lease,
and, if the adjoining
land is subject to any encumbrance, that parcel or part becomes subject to
that encumbrance as if it had been part of the adjoining land when that
encumbrance was created; and
(b) the
Registrar must alter the certificate of title or the certificate of Crown land
title and the Register so as to show that that parcel or part forms part of
the adjoining land.
(6) If the freehold or
lease of the adjoining land is, at the time of the amalgamation of the
adjoining land with the whole or part of a parcel of Crown land under
subsection (2) or (3), in the course of being sold under a contract of sale
and the purchaser under that contract consents —
(a) the
purchase price or consideration set out in that contract is to be taken to be
increased by an amount equal to the unimproved value of that whole or part;
and
(b) the
conditions of that contract are taken to apply to that whole or part as if
that whole or part had been part of the adjoining land when that contract was
entered into.
(7) Despite anything
in subsection (6), that subsection does not affect the rights of any person in
respect of a claim that has before the amalgamation referred to in that
subsection been settled or decided.
[Section 87 amended: No. 4 of 2023 s. 38.]