Western Australian Consolidated Acts (1) Except where and
then only to the extent agreed to by the parties or authorised by the Court
compensation is not payable under the provisions of this Act to the lessee of
land leased by way of a pastoral lease within the meaning of the
Land Administration Act 1997 , a lease otherwise granted for grazing
purposes only, a lease for timber purposes or a lease for the use and benefit
of the Aboriginal inhabitants (in this subsection called the affected lessee
) —
(a) for
deprivation of the possession of the surface of the land or any part of the
surface; and
(b) for
damage to the surface of the land; and
(c)
where the affected lessee is deprived of the possession of the surface of any
land, for severance of the land from any other land of the affected lessee;
and
(d) for
surface rights of way and easements.
(2) Compensation is
not payable for any gold, minerals, petroleum, geothermal energy resources or
geothermal energy known or supposed to be on or under the land.
[Section 24 amended by No. 12 of 1990
s. 18; No. 31 of 1997 s. 141; No. 35 of 2007 s. 16.]