Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where —
(a) a
person (in this section called the later subdivider ) has subdivided land in
which —
(i)
a lot or lots has or have a common boundary with; or
(ii)
a road joins,
an existing road to
which there is access from the subdivided land; and
(b) a
person (in this section called the original subdivider ) who previously
subdivided land that also has a common boundary with that existing road, in
connection with that subdivision, contributed to or bore solely the cost of
providing or upgrading the existing road; and
(c) the
later subdivider did not contribute to that cost,
the original
subdivider may, in accordance with this Division, recover from the later
subdivider a sum representing one-half of so much of the reasonable cost as
was borne by the original subdivider of providing or upgrading the part of the
existing road which has a common boundary with the lot or lots, or is joined
by a subdivisional road, as referred to in paragraph (a).
(2) In this
section —
CPI means the Table described as the Consumer
Price Index (All Groups Index) for Perth published by the Commonwealth
Statistician under the Census and Statistics Act 1905 of the
Commonwealth, or if the same is not published, such other similar index as the
Minister may reasonably determine;
market value of land means the capital sum,
determined in accordance with section 155(3)(b)(ii), (iii)
and (iv), which an unencumbered estate in fee simple in the land might
reasonably be expected to realise if offered for sale on such reasonable terms
and conditions as a bona fide seller would require;
road has the meaning given by section 4(1)
and includes a private road created under Part IVA of the Transfer of Land
Act 1893 or as defined in the Land Administration Act 1997
section 3(1).
(3) In this section a
reference to the cost of providing a road is a reference to the aggregate
of —
(a) the
value, as at the date of the subdivision referred to in
subsection (1)(b), of the portion of the land provided as a road, being
such percentage of the market value of the total area of land comprised in
that subdivision as the area of the road bears to that total area as at the
date of that subdivision; and
(b) the
reasonable cost of designing and carrying out the following works —
(i)
the survey of the land provided as a road; and
(ii)
the formation, preparation, priming and sealing of the
road; and
(iii)
the provision of kerbing, drainage and service ducts in
connection with the road,
escalated by the
percentage by which the CPI last published prior to the date of the subsequent
subdivision has increased over the CPI last published prior to the original
subdivider subdividing the land referred to in subsection (1)(b).