Western Australian Consolidated Acts

DUTIES ACT 2008 - SECT 149

149 .         Entitlement to land, determining

        (1)         In determining the entitlement of a landholder or other entity to land for the purposes of this Chapter —

            (a)         if the landholder or other entity has entered into an agreement to acquire an interest in land, the agreement is to be regarded as having been completed even if it has not yet been completed; and

            (b)         if the landholder or other entity has entered into an agreement to dispose of an interest in land but the agreement has not yet been completed, the agreement is to be disregarded.

        (2A)         For the purposes of subsections (2) and (3), the following are to be taken to be part of land as a fixture —

            (a)         anything that —

                  (i)         under the authority (whether direct or indirect) of a mining tenement, is fixed to land that is the subject of that mining tenement; and

                  (ii)         would be part of that land as a fixture if the mining tenement were a freehold estate in the land;

            (b)         a pipeline, as defined in the Petroleum Pipelines Act 1969 section 4(1), constructed on land under the authority of a licence under that Act.

        (2)         If a landholder or other entity has an entitlement to land, anything that is part of the land as a fixture is to be taken into account in determining the extent of the entitlement of the landholder or other entity to the land for the purposes of this Chapter even if the fixture is, or purports to be, the subject of an entitlement separate from the ownership of the rest of the land.

        (3)         If —

            (a)         a landholder or other entity has an entitlement to something that is part of land as a fixture; and

            (b)         that entitlement is, or purports to be, separate from the ownership of the rest of the land,

                the landholder or other entity is to be regarded as having an entitlement to land for the purposes of this Chapter to the extent of its entitlement to the fixture.

        (4)         In subsections (2A), (2) and (3), a reference to land does not include anything that is land under paragraph (cb), (da) or (d) of the definition of land in section 3.

        [Section 149 amended by No. 33 of 2011 s. 5.]