Western Australian Current Acts Western Australian Current Acts (1) All land on a
diagram or plan of survey of a subdivision, or a scheme plan lodged for
registration under the Strata Titles Act 1985 , deposited with the Authority
that is shown as a new road is dedicated as a road.
(2) Subject to the
Main Roads Act 1930 and the Public Works Act 1902 , the local government
within the district of which the dedicated road is situated has the care,
control and management of the road.
(3) All land on a
diagram or plan of survey of a subdivision, or a scheme plan lodged for
registration under the Strata Titles Act 1985 , deposited with the Authority
that is shown as a road widening or is for the purpose of extending or adding
to a road forms part of the road and is dedicated to the public use.
(4) Subsections (1)
and (3) operate —
(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 have been
registered under the Transfer of Land Act 1893 .
(5) When a portion of
land is transferred to the Crown or a local government for the purpose of
extending or adding to a road, the transferred portion is to be taken —
(a) to
be dedicated to the public use; and
(b) to
form part of the road,
as and from the date
of registration of the transfer.
(6) When a road corner
shown on a plan deposited with the Authority is subsequently rounded off or
truncated, the portion of land so excised forms part of the road and is
dedicated to the public use.
(7) Subject to the
Main Roads Act 1930 and the Public Works Act 1902 , the local government
within the district of which the land referred to in subsection (6) is
situated has the care, control and management of the land.
(8) Subsection (6)
operates —
(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;
(b) in
the case of a plan lodged with an application for a new certificate or
certificates, at the time the new certificate, or if more than one, all the
new certificates, for the land the subject of the plan have been registered;
(c) in
the case of a plan lodged with an application for registration of a document
giving effect to the rounding off or truncation, at the time of the
registration of that document.
(9) Land referred to
in subsection (1), (3), (5) or (6) does not form part of a parcel comprised in
a scheme plan that is registered under the Strata Titles Act 1985 .
(10) Land referred to
in subsection (1), (3), (5) or (6) is subject to 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 subsection, lodged with the Registrar of
Titles —
(a) in
the case of a scheme plan lodged for registration under the
Strata Titles Act 1985 — at or before the time the Registrar of Titles
registers the plan under that Act; or
(b) in
the case of a diagram or plan lodged with an application for a new certificate
or certificates — at or before the time the new certificate, or if more
than one, all the new certificates, for the land the subject of the diagram or
plan have been registered; or
(c) in
the case of a plan lodged with an application for registration of a document
giving effect to a rounding off or truncation — at or before the time of
the registration of that document.
[Section 168 amended: No. 60 of 2006 s. 147(7);
No. 30 of 2018 s. 169; No. 4 of 2023 s. 144.]