Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 231

231 .         Buildings on public roads etc. in Perth or Fremantle for 20 years or more

        (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]



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