Western Australian Current Acts Western Australian Current Acts (1) No compensation
shall be payable in respect of the use or occupation of any part of any road
or street for any railway, under the powers conferred by the 2 last preceding
sections, or for or in respect of any inconvenience or damage to any lands
fronting or adjoining any such road or street arising out of the exercise of
the said powers or the construction of the railway upon such part of such road
or street.
(2) No compensation
shall be payable in respect of any road or street being wholly closed under
the powers conferred by this Act, or in respect of the use or occupation
thereof for any railway, or for or in respect of any such inconvenience or
damage as mentioned in the last subsection, if reasonable and sufficient
access to the nearest road or street crossing over such railway be afforded by
some other road or street, whether such last-mentioned road or street has been
provided or constructed by the Public Transport Authority or not.
(3) If any question
arises as to whether such other reasonable and sufficient access as aforesaid
is afforded, the same shall be determined in such manner as shall be agreed
upon between the local authority having the control of roads or streets in the
district and the Public Transport Authority; or if they disagree, as shall be
determined upon by some independent person appointed by the Governor; and
every such determination shall be conclusive as to the rights or claims of all
persons affected.
[Section 101 amended: No. 31 of 2003 s. 166(1);
No. 19 of 2010 s. 51.]