Western Australian Numbered Acts Western Australian Numbered Acts (1) For the purposes
of this Act, other than Part 6 Division 1, a person is an owner of
land if the person is —
(a) in
relation to land alienated from the Crown, the holder (at law or in equity) of
an estate in fee simple in the land; or
(b) in
relation to land that the Crown has lawfully agreed to alienate, the person
who is entitled to the benefit of the agreement; or
(c) in
relation to land held under a lease lawfully granted by the Crown, the lessee;
or
(d) in
relation to any other land, the public authority that has the care, control or
management of the land or, if there is no such public authority, the Crown.
(2) For the purposes
of this Act, an owner of land referred to in
subsection (1)(a), (b) or (c) ("private land") is to be taken
to be the owner, in addition to that land, of —
(a) the
land comprising any road that —
(i)
intersects the private land; or
(ii)
bounds the private land and is fenced only on the side
further from the common boundary of the road and the private land;
and
(b) the
land comprising half of the width of any road that bounds the private land and
is fenced on both sides being the half that is nearer the common boundary of
the road and the private land; and
(c) the
land comprising half the width of any road that separates the private land
from other private land being the half that is nearer the common boundary of
the road and the first-mentioned private land.
(3)
Subsection (2) does not apply to or in relation to a road dedicated and
open to public use and fenced on both sides.