(1) Where —
(a) a
person (in this section called the later subdivider ) has subdivided land in
which —
(i)
a lot or lots has or have a common boundary with; or
(ii)
a road joins,
an existing road to
which there is access from the subdivided land; and
(b) a
person (in this section called the original subdivider ) who previously
subdivided land that also has a common boundary with that existing road, in
connection with that subdivision, contributed to or bore solely the cost of
providing or upgrading the existing road; and
(c) the
later subdivider did not contribute to that cost,
the original
subdivider may, in accordance with this Division, recover from the later
subdivider a sum representing one-half of so much of the reasonable cost as
was borne by the original subdivider of providing or upgrading the part of the
existing road which has a common boundary with the lot or lots, or is joined
by a subdivisional road, as referred to in paragraph (a).
(2) In this section
—
CPI means the Table described as the Consumer
Price Index (All Groups Index) for Perth published by the Commonwealth
Statistician under the Census and Statistics Act 1905 of the Commonwealth, or
if the same is not published, such other similar index as the Minister may
reasonably determine;
market value of land means the capital sum,
determined in accordance with section 155(3)(b)(ii), (iii) and (iv), which an
unencumbered estate in fee simple in the land might reasonably be expected to
realise if offered for sale on such reasonable terms and conditions as a bona
fide seller would require;
road has the meaning given by section 4(1) and
includes a private road created under Part IVA of the Transfer of Land Act
1893 or as defined in the Land Administration Act 1997 section 3(1).
(3) In this section a
reference to the cost of providing a road is a reference to the aggregate of
—
(a) the
value, as at the date of the subdivision referred to in subsection (1)(b), of
the portion of the land provided as a road, being such percentage of the
market value of the total area of land comprised in that subdivision as the
area of the road bears to that total area as at the date of that subdivision;
and
(b) the
reasonable cost of designing and carrying out the following works —
(i)
the survey of the land provided as a road; and
(ii)
the formation, preparation, priming and sealing of the
road; and
(iii)
the provision of kerbing, drainage and service ducts in
connection with the road,
escalated by the
percentage by which the CPI last published prior to the date of the subsequent
subdivision has increased over the CPI last published prior to the original
subdivider subdividing the land referred to in subsection (1)(b).