Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), for the purpose of carrying out any function authorised
by a licence or any other function necessary for the efficient operation of
the pipeline in respect of which the licence is granted or necessarily
incidental to the operation of the pipeline, the Minister may, on the
application of the licensee and at his expense in all things, take under
Part 9 of the Land Administration Act 1997 , as if for a public work
within the meaning of the Public Works Act 1902 , any land or any
easement over any land whether for the time being subsisting or not.
(2)
Subsection (1) does not apply unless the Minister is satisfied that the
licensee, after making reasonable attempts to do so, has been unable to
acquire the land or easement over the land by agreement with the owner
thereof.
(3) For the purposes
of giving effect to this section —
(a) the
word land in Part 9 of the Land Administration Act 1997 shall be
construed as including an easement over land;
(b) on
the taking of the land or easement over the land under this section, the land
or easement, as the case may be, shall vest in the licensee and all
proceedings subsequent thereto in respect of compensation, or otherwise for
the purpose of complying with Parts 9 and 10 of the Land Administration
Act 1997 , shall be taken against the licensee, who shall be deemed to be
the respondent and shall be liable in respect of the taking to the same extent
as the Minister administering that Act would have been liable if the taking
had been for the purpose of a public work.
(4) Where an easement
is acquired or taken over any land pursuant to this Act a description of the
easement and a notification that it has been so taken, together with a plan
showing the location of the easement over that land, shall, if the easement is
over land —
(a) that
is under the operation of the Transfer of Land Act 1893 or
Land Administration Act 1997 , be sent by the licensee to the Registrar
of Titles, who shall duly record on the document of title relating to the land
a statement or entry thereof; or
(b) that
is not under the operation of that Act, be sent by the licensee to the
Registrar of Deeds and Transfers, who shall, by memorial in the Register of
Deeds, duly record the notification of the easement.
[Section 19 amended by No. 31 of 1997
s. 77(2)-(4) and 142; No. 47 of 2011 s. 16.]