(1) If upon an
application to bring land under this Act or to amend a certificate or to amend
or replace a relevant graphic it is found that a building of a permanent
nature has been erected so as to encroach upon the width or alignment of a
public road street or way within the limits of the city of Perth or city of
Fremantle but it is proved to the satisfaction of the Commissioner that such
encroachment has continued for a period of not less than 20 years the
Commissioner may direct the Registrar to create and register or amend a
certificate or to amend or replace a relevant graphic for or including the
land covered by such building provided notice of such application and alleged
encroachment shall have been duly given to the corporation or other body in
whom such road street or way is vested or who have the trust or legal control
thereof.
(2) In the event of
such body sending in objections it shall be heard in support thereof and the
Commissioner shall have power to examine witnesses upon oath on behalf of the
applicant and the corporation or other body and make such order as to him may
seem fit.
(3) Despite subsection
(1), no encroachment so allowed by the Commissioner shall exceed one metre.
(4) The Governor in
Council may from time to time upon a petition in that behalf signed by
two-thirds of the total number of members of the council of any local
government sealed with the common seal of the local government affected order
that the operations of this section be extended to such local government and
every order so made shall be published in the Government Gazette and shall
take effect as from the day of such publication.
[Section 231 amended: No. 94 of 1972 s. 4; No. 14
of 1996 s. 4; No. 81 of 1996 s. 137; No. 6 of 2003 s. 79; No. 19 of 2010 s.
51.]
[ 232A. Deleted: No. 21 of 2022 s. 43]