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This is a Bill, not an Act. For current law, see the Acts databases.


TAKING OF PROPERTY ON JUST TERMS BILL 2014

                   Western Australia


Taking of Property on Just Terms Bill 2014

                       Contents

 1.   Short title                                2
 2.   Commencement                               2
 3.   Terms used                                 2
 4.   Crown bound                                3
 5.   Application of Act                         3
 6.   Taking of property by public authority     3
 7.   Orders by State Administrative Tribunal    3
      Defined terms




                        78--1                    page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

               (Introduced by Mr Murray Cowper, MLA)


   Taking of Property on Just Terms Bill 2014

                               A Bill for


An Act to provide that taking of property by public authorities is to
be on just terms.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Taking of Property on Just Terms Bill 2014



     s. 1




1    1.       Short title
2             This is the Taking of Property on Just Terms Act 2014.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation,
8                    and different days may be fixed for different provisions.

9    3.       Terms used
10            In this Act, unless the contrary intention appears --
11            property means property of every kind, whether real or
12            personal, tangible or intangible, corporeal or incorporeal, and
13            any interest in property;
14            public authority means any of the following --
15              (a) a Minister of the State;
16              (b) an agency or an organisation as those terms are defined
17                    in the Public Sector Management Act 1994 section 3(1);
18              (c) a body, whether incorporated or not, or the holder of an
19                    office, that is established or continued for a public
20                    purpose under a written law and that, under the authority
21                    of a written law, performs a statutory function on behalf
22                    of the State;
23              (d) a local government or regional local government;
24            SAT means the State Administrative Tribunal;
25            take, in relation to property, includes --
26              (a) to extinguish an interest in the property; or
27              (b) to lower the value of the property; or
28              (c) to restrict the use and enjoyment of the property by its
29                    owner.


     page 2
                                       Taking of Property on Just Terms Bill 2014



                                                                               s. 4



1    4.         Crown bound
2               This Act binds the State and, so far as the legislative power of
3               the State permits, the Crown in all its other capacities.

4    5.         Application of Act
5         (1)   This Act applies in addition to any other law.
6         (2)   This Act does not apply to an imposition, under a written law,
7               of --
8                 (a) taxation; or
9                 (b) a penalty.

10   6.         Taking of property by public authority
11              A public authority must not take property from a person,
12              whether by direct or indirect means and whether intentionally or
13              otherwise, under a written law or policy except on just terms.

14   7.         Orders by State Administrative Tribunal
15        (1)   A person who is aggrieved by the taking of the person's
16              property by a public authority may apply to SAT to review that
17              taking.
18        (2)   On the application, SAT may substitute any order it considers
19              just in the circumstances.
20        (3)   Without limiting subsection (2), SAT may make an order for
21              one or more of the following --
22                (a) the payment of compensation or damages to the person;
23               (b) the restitution to the person of rights of access to, or use
24                     of, property affected by the taking;
25                (c) the performance of, and payment for, work to ameliorate
26                     loss or damage suffered by the person as a result of the
27                     taking.




                                                                            page 3
    Taking of Property on Just Terms Bill 2014



    s. 7



1      (4)   Unless SAT otherwise determines, the Land Administration
2            Act 1997 section 241 applies to any order for compensation or
3            damages as if --
4              (a) the reference to "land" in that section were a reference
5                   to the property to which the order relates; and
6              (b) with any other necessary modifications.

7




    page 4
                                               Taking of Property on Just Terms Bill 2014



                                                                                                    Defined terms



                                         Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                              Provision(s)
property ................................................................................................................. 3
public authority ..................................................................................................... 3
SAT ....................................................................................................................... 3
take........................................................................................................................ 3




 


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