Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 159

159 .         Subdivider may recover portion of road costs from later subdivider

        (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).



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