Western Australian Current Regulations Western Australian Current Regulations (1) If land is subject
to a covenant referred to in section 150 because of a road access
condition, the owner of the land may apply to the Commission for its consent
to modifying or discharging the covenant.
(2) The application
must —
(a) be
made in a form approved by the Commission; and
(b) be
accompanied by any fee set under section 20.
(3) The Commission may
consent to modifying or discharging the covenant if it is
satisfied —
(a) that
the circumstances that justified imposing the road access condition have
materially changed since the condition was imposed; and
(b) that
the current circumstances justify modifying or discharging the covenant.
(4) If the Commission
consents to modifying or discharging the covenant, the Commission must give
the applicant a written notice that specifies either —
(a) the
modification to which the Commission consents; or
(b) that
the Commission consents to the discharge of the covenant.
(5) If the owner of
the land —
(a)
applies to the Registrar of Titles to have the covenant modified or discharged
(as the case may be); and
(b)
gives the Registrar the Commission’s written notice given under
subregulation (4) in relation to the covenant,
the Registrar may, by
order, modify or discharge the covenant accordingly and may make any entries
or endorsements that may be necessary or proper to evidence the modification
or discharge.
(6) If the Commission
refuses its consent on an application made under this regulation, it must give
the applicant a written notice of its decision that includes its reasons for
refusing.
(7) A person who is
dissatisfied with the Commission’s decision made on an application by
the person under this regulation may apply to the State Administrative
Tribunal for a review, in accordance with Part 14 of the Act, of the
decision.
[Heading inserted: SL 2021/78 r. 5.]