Western Australian Consolidated Acts

COUNTRY AREAS WATER SUPPLY ACT 1947 - SECT 89

89 .         Land for which there are water supply charges unpaid for 5 years, Corporation may sell

        (1)         When in respect of any land any moneys due for water supply charges or interest thereon have, whether before or after or partly before and partly after the commencement of this Act, remained unpaid for the term of 5 years or longer after becoming due and payable, the Corporation shall, by virtue of this Act, have power, subject to the provisions hereinafter made, to sell and transfer and convey the land.

        (2)         The power of sale shall include power —

            (a)         to sell the land or any part thereof either together or in lots by public auction, or by private contract subject to terms and conditions with respect to the payment of the purchase money, or any other matter, including power to fix a reserve;

            (b)         to vary any contract of sale and to buy in at any auction;

            (c)         to rescind any contract for sale and to resell without being answerable for any loss occasioned thereby;

            (d)         to subdivide the land and make such streets and roads and grant such easements of right-of-way or drainage therein as the circumstances of the case may require and the Corporation thinks fit, subject to all laws relating thereto.

        (3)         Despite subsection (2), the land shall not be sold by private contract until it has been first offered for sale by public auction.

        [Section 89 amended by No. 25 of 1985 s. 132; No. 24 of 1987 s. 103; No. 73 of 1995 s. 63; No. 19 of 2010 s. 54(3).]