Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
approval and consent in writing of the Minister, any person may enter upon any
land comprised in any permit, drilling reservation, lease or licence and do
any of the following things: —
(a)
erect poles and posts thereon, and carry overhead across or along such land
electric lines, and from time to time repair, alter, or remove such poles,
posts, or lines; and
(b) make
or construct any tramways thereon, and from time to time repair, alter, or
remove the same; and
(c)
construct any road, race or drain, or lay water-pipes under, over, across, or
through such land; and
(d) any
act or thing for or relating to a public purpose or the exercise of any right
granted pursuant to law; and
(e) for
carrying out any of the said purposes, break or otherwise disturb the surface
and soil of such land.
(2) If the permittee,
holder of the drilling reservation, lessee or licensee suffers any estimable
damage by reason of the exercise by any person of any of the powers mentioned
in subsection (1), that person shall be liable to compensate the
permittee, holder of the drilling reservation, lessee or licensee, as the case
requires, in respect of the damage so caused.
(3) In default of
agreement between the parties concerned, the permittee, holder of the drilling
reservation, lessee or licensee may make application to the Magistrates Court
at the place nearest to the place at which the land is situated in the
prescribed manner to fix the amount of compensation to be paid.
[Section 14 amended by No. 12 of 1990
s. 9; No. 78 of 1990 s. 7; No. 59 of 2004 s. 141.]