(1) Where any land
held, taken, resumed or otherwise acquired under any Act, for any public work,
is in the opinion of the Governor not required for that work and is required
for the purposes or likely purposes of a region planning scheme, the Swan
Valley Planning Scheme or an improvement plan, the Governor, despite Part 9
Division 5 of the Land Administration Act 1997 , may declare by notice
published in the Gazette that the land is to be held and may be used for the
purposes of the region planning scheme, Swan Valley Planning Scheme or
improvement plan.
(2) From the date of
the publication of the notice the land described in the notice, by force of
this section, vests in the Commission for the purposes of the region planning
scheme, Swan Valley Planning Scheme or improvement plan.
(3) The Commission is
to ensure that a memorial is lodged with the Registrar in respect of land
vested in the Commission under this section as soon as is practicable after
the land is so vested.
(4) The memorial is to
be —
(a)
accompanied by the notice published under subsection (1) in respect of the
relevant land; and
(b) in a
form approved by the Registrar.
(5) The Registrar is
to register the memorial against the relevant land and take such steps as are
necessary to record the vesting.
(6) In this section
—
register means to register under the
Registration of Deeds Act 1856 or Transfer of Land Act 1893 , as the case
requires;
Registrar means the Registrar of Titles or the
Registrar of Deeds and Transfers, as the case requires.
[Section 197 amended: No. 28 of 2010 s. 18; No. 45
of 2020 s. 85.]