Western Australian Current Acts Western Australian Current Acts (1) If the Commission
has approved a subdivision of land subject to a condition that one or more
portions of land shown on a diagram or plan of survey relating to the
subdivision or a scheme plan under the Strata Titles Act 1985 are to vest in
the Crown for any one or more of the following purposes —
(a)
conservation or protection of the environment;
(b) an
artificial waterway;
(c) a
pedestrian accessway;
(d) a
right-of-way;
(e) a
reserve for water supply, sewerage, drainage, foreshore management, waterway
management or recreation;
(f) a
public purpose specified in the condition and related to the subdivision,
then, subject to the
encumbrances referred to in subsection (5), the land subject to the condition
vests in the Crown by force of this section without any conveyance, transfer
or assignment or the payment of any fee.
(2) Land vested under
subsection (1) is vested —
(a) in
the case of a scheme plan lodged for registration under the
Strata Titles Act 1985 , at the time the Registrar of Titles registers the
plan under that Act; and
(b) in
any other case, at the time the new certificate, or if more than one, all the
new certificates, for the land the subject of the diagram or plan of survey,
has or have been registered under the Transfer of Land Act 1893 .
(3) Land vested under
subsection (1) —
(a) is
Crown land; and
(b) does
not form part of a parcel comprised in a scheme plan that is registered under
the Strata Titles Act 1985 ; and
(c) is
to be taken to be reserved under section 41 of the Land Administration Act
1997 for the purpose set out in the condition; and
(d) may
be dealt with in accordance with the Land Administration Act 1997 .
(4) The Registrar of
Titles is to do all things necessary to give effect to this section.
(5) Land vested under
this section is to be vested subject to —
(a) any
easement on that land created for the purposes of the subdivision, shown on
the diagram or plan of survey and referred to in section 167; and
(b) any
easement on that land created under Part IVA of the Transfer of Land Act 1893
for the purposes of the subdivision and shown on the diagram or plan of
survey; and
(c) any
existing encumbrance specified in a direction of the Minister responsible for
the administration of the Land Administration Act 1997 , or a person
authorised in writing by that Minister for the purposes of this section,
lodged with the Registrar of Titles on or before the vesting; and
(d) any
encumbrance prescribed, or of a class prescribed, by the regulations.
[Section 152 amended: No. 30 of 2018 s. 165.]