Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Minister
proposes to survey or resurvey the internal or external boundaries (or both)
of, or to subdivide under section 27, Crown land the subject of any
interests or caveats, the Minister may, with or without the consent of the
holders of the interests, or of the relevant caveators, by order incorporating
a plan of survey or sketch plan or revised plan of survey or sketch plan make
such adjustments to those boundaries as —
(a) the
Minister considers necessary; and
(b)
accord with any proposed plan of subdivision approved under the
Planning and Development Act 2005 ,
without any obligation
to make or pay compensation.
(2) On the approval by
an authorised land officer of a plan of survey or sketch plan or revised plan
of survey or sketch plan referred to in subsection (1) and the
registration of the order with reference to that plan of survey or sketch plan
or revised plan of survey or sketch plan, the internal or external boundaries
(or both) of the relevant Crown land are adjusted accordingly —
(a)
despite the existence of any interests registered or caveats lodged in respect
of that Crown land; and
(b) with
or without the consent of the holders of those interests or of the relevant
caveators.
(3) The Minister must
ensure that an adjustment made under subsection (2) is made in conformity
with sound planning and land management principles so as to cause as little
detriment as possible to any interest or caveat affected by that adjustment.
(4) On the adjustment
under subsection (2) of the internal or external boundaries (or both) of
Crown land subject to interests or caveats, the interests or caveats apply to
the relevant locations or lots within those boundaries and not to the Crown
land referred to in the instruments which created those interests or caveats.
[Section 23 amended by No. 38 of 2005
s. 7.]