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


WITTENOOM CLOSURE BILL 2019

                    Western Australia



      Wittenoom Closure Bill 2019

                        Contents

      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Terms used                                           2
4.    Purpose of Act                                       2
5.    Act binds Crown                                      3
      Part 2 -- Compulsory acquisition of
           Wittenoom land
6.    Wittenoom land may be taken under LA Act Pt. 9       4
7.    Application of LA Act Pt. 9                          4
8.    Notice of intention in relation to Wittenoom land    5
9.    Taking order in relation to Wittenoom land           5
10.   Disclosure under Contaminated Sites Act 2003
      s. 68 not required                                   6
      Part 3 -- Compensation
11.   No compensation except as provided in this Part      7
12.   Compensation for fee simple in Wittenoom land        7
13.   Apportionment of rates and taxes                     7
14.   Payment of compensation                              8
      Schedule 1 -- Wittenoom land
      Defined terms




                         120--1                            page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


              Wittenoom Closure Bill 2019

                               A Bill for


An Act to facilitate the closure of the former townsite of Wittenoom
by providing for the compulsory acquisition of land, and for related
purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Wittenoom Closure Bill 2019
     Part 1        Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Wittenoom Closure Act 2019.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) Part 1 -- on the day on which this Act receives the
7                      Royal Assent;
8                (b) the rest of the Act -- on the day after that day.

9    3.         Terms used
10              In this Act --
11              date of taking has the meaning given in the LA Act
12              section 151(1);
13              former principal proprietor, in relation to Wittenoom land
14              taken under the authority of section 6(1), has the meaning given
15              in section 12(1);
16              LA Act means the Land Administration Act 1997;
17              Minister has the meaning given in the LA Act section 3(1);
18              native title rights and interests has the meaning given in the
19              LA Act section 151(1);
20              notice of intention has the meaning given in the LA Act
21              section 151(1);
22              registered, in relation to a notice of intention, means registered
23              under the LA Act section 170;
24              Wittenoom land means land comprised in any lot specified in
25              Schedule 1.

26   4.         Purpose of Act
27        (1)   The purpose of this Act is to facilitate the closure of the former
28              townsite of Wittenoom.


     page 2
                                                   Wittenoom Closure Bill 2019
                                                   Preliminary          Part 1

                                                                              s. 5



1        (2)   The purpose is to be achieved by providing for land to be
2              compulsorily acquired under the LA Act Part 9.

3   5.         Act binds Crown
4              This Act binds the Crown in right of Western Australia and, so
5              far as the legislative power of the Parliament permits, the Crown
6              in all its other capacities.




                                                                           page 3
     Wittenoom Closure Bill 2019
     Part 2        Compulsory acquisition of Wittenoom land

     s. 6



1     Part 2 -- Compulsory acquisition of Wittenoom land
2    6.         Wittenoom land may be taken under LA Act Pt. 9
3         (1)   Wittenoom land may be taken under the LA Act Part 9 for the
4               purposes of this Act as if for a public work as defined in the
5               LA Act section 151(1).
6         (2)   However, subsection (1) does not authorise the taking of the
7               following interests in Wittenoom land under the LA Act
8               Part 9 --
9                 (a) native title rights and interests;
10                (b) rights referred to in the LA Act section 164(1)(a) to (c).

11   7.         Application of LA Act Pt. 9
12        (1)   For the purposes of the LA Act Part 9, the Minister is taken to
13              be the acquiring authority.
14        (2)   In applying the LA Act Part 9 to, or in relation to, the taking of
15              Wittenoom land under the authority of section 6(1) --
16                (a) the LA Act sections 168(1)(b) and (2), 170, 171, 175,
17                      176, 177(1)(b), 181, 186(3)(b) and 189 to 191 do not
18                      apply; and
19                (b) the LA Act section 169(1) is to be read as if ", or may
20                      provide for it to be assessed as if for compensation
21                      under Part 10" were deleted; and
22                (c) the LA Act section 177(5) is to be read as if --
23                        (i) in paragraph (c) "together with forms for the
24                              claiming of compensation under Part 10 to be
25                              served on each proprietor and each occupier of
26                              the land and each holder of any mining,
27                              petroleum or geothermal energy rights in the
28                              land, or such of them as can with reasonable
29                              diligence be ascertained at the time of the
30                              making of the order," were deleted and replaced



     page 4
                                                Wittenoom Closure Bill 2019
                 Compulsory acquisition of Wittenoom land            Part 2

                                                                         s. 8



1                         with "to be served on the principal proprietor of
2                         the land,"; and
3                  (ii)   in paragraph (d) "persons mentioned in
4                         paragraph (c) of the procedures under Part 10 for
5                         compensation for interests taken, unless they
6                         have already been given that advice." were
7                         deleted and replaced with "principal proprietor of
8                         the land of the entitlement under the Wittenoom
9                         Closure Act 2019 Part 3 to compensation for the
10                        fee simple in the land.";
11               and
12         (d)   the LA Act section 179(b) is to be read as if "such an
13               interest has that holding converted into a claim for
14               compensation under Part 10;" were deleted and replaced
15               with "the interest in fee simple in the land has that
16               holding converted into an entitlement to compensation
17               under the Wittenoom Closure Act 2019 Part 3;"; and
18         (e)   the LA Act Part 9 otherwise applies with any necessary
19               changes.

20   8.   Notice of intention in relation to Wittenoom land
21        For the purposes of the LA Act sections 177 and 184(1) and (2),
22        a notice of intention is taken to be registered in relation to
23        Wittenoom land.

24   9.   Taking order in relation to Wittenoom land
25        A taking order in relation to Wittenoom land may be made
26        under the LA Act section 177 as if it were consistent with a
27        notice of intention registered in relation to the land.




                                                                     page 5
    Wittenoom Closure Bill 2019
    Part 2        Compulsory acquisition of Wittenoom land

    s. 10




1   10.      Disclosure under Contaminated Sites Act 2003 s. 68 not
2            required
3            An owner of Wittenoom land is not required to comply with the
4            Contaminated Sites Act 2003 section 68(1) in relation to an
5            agreement under the LA Act section 168(1)(a) to purchase the
6            fee simple in the land.




    page 6
                                                      Wittenoom Closure Bill 2019
                                                    Compensation           Part 3

                                                                                s. 11



1                            Part 3 -- Compensation
2    11.         No compensation except as provided in this Part
3          (1)   The LA Act Part 10 does not apply to, or in relation to, the
4                taking of Wittenoom land under the authority of section 6(1).
5          (2)   Except as provided in this Part, a person who has an interest in
6                Wittenoom land taken under the authority of section 6(1) is not
7                entitled to any compensation for the interest.

8    12.         Compensation for fee simple in Wittenoom land
9          (1)   If Wittenoom land is taken under the authority of section 6(1),
10               the holder of the fee simple in the land immediately before it is
11               taken (the former principal proprietor) is entitled to
12               compensation for the fee simple from the Minister.
13         (2)   The amount of compensation payable to a former principal
14               proprietor of Wittenoom land for the fee simple in the land is --
15                 (a) if the land is comprised in a lot specified in Schedule 1
16                       items 1 to 3 --
17                          (i) $325 000; and
18                         (ii) to compensate for the taking of the fee simple
19                              without agreement and the former principal
20                              proprietor's removal expenses -- $50 000;
21                       or
22                 (b) if the land is comprised in a lot specified in Schedule 1
23                       items 4 to 11 -- $65 000; or
24                 (c) if the land is comprised in a lot specified in Schedule 1
25                       items 12 to 14 -- $30 000.

26   13.         Apportionment of rates and taxes
27         (1)   If Wittenoom land taken under the authority of section 6(1) is
28               not occupied by, on behalf of or through the former principal
29               proprietor of the land on the date of taking, all rates and taxes
30               that, under the provisions of any Act, are a charge on the land

                                                                              page 7
     Wittenoom Closure Bill 2019
     Part 3        Compensation

     s. 14



1                and are payable or paid by the former principal proprietor must
2                be apportioned between the former principal proprietor and the
3                Minister as at that date.
4          (2)   If the Wittenoom land is occupied by, on behalf of or through
5                the former principal proprietor of the land on the date of taking,
6                the rates and taxes referred to in subsection (1) must be
7                apportioned between the former principal proprietor and the
8                Minister as at the date when --
9                   (a) possession is given up by the former principal proprietor
10                       to the Minister; or
11                 (b) by agreement with the Minister, the former principal
12                       proprietor ceases to be responsible for the payment of
13                       rates and taxes.
14         (3)   On the apportionment of rates and taxes under subsection (1) --
15                (a) the aggregate amount, if any, due by the former
16                      principal proprietor as rates and taxes at the date as at
17                      which the rates and taxes are required to be apportioned,
18                      if not paid by the former principal proprietor, must be
19                      deducted from the amount of the compensation payable
20                      to the former principal proprietor under this Part; and
21                (b) the aggregate amount, if any, paid by the former
22                      principal proprietor as rates and taxes in respect of any
23                      period subsequent to the date as at which the rates and
24                      taxes are required to be apportioned, must be added to
25                      the amount of compensation payable to the former
26                      principal proprietor under this Part.

27   14.         Payment of compensation
28         (1)   The Minister must pay a person who is entitled to compensation
29               the amount of compensation payable to the person under this
30               Part.
31         (2)   Despite subsection (1), the Minister is not required to pay
32               compensation to a person (other than compensation payable
33               under section 12(2)(a)(ii)) if the person has not given up

     page 8
                                      Wittenoom Closure Bill 2019
                                    Compensation           Part 3

                                                               s. 14



1   possession of all Wittenoom land in respect of which the person
2   is entitled to compensation.




                                                             page 9
     Wittenoom Closure Bill 2019
     Schedule 1    Wittenoom land




1                       Schedule 1 -- Wittenoom land
2                                                                             [s. 3]
3    1.        Lot 180 on Deposited Plan 206101 being the whole of the land
4              comprised in certificate of title Volume 1729 Folio 666
5    2.        Lot 193 on Deposited Plan 206101 being the whole of the land
6              comprised in certificate of title Volume 2011 Folio 615
7    3.        Lot 85 on Deposited Plan 206102 being the whole of the land
8              comprised in certificate of title Volume 2004 Folio 375
9    4.        Lot 195 on Deposited Plan 206101 being the whole of the land
10             comprised in certificate of title Volume 1632 Folio 81
11   5.        Lot 201 on Deposited Plan 206101 being the whole of the land
12             comprised in certificate of title Volume 1331 Folio 974
13   6.        Lot 208 on Deposited Plan 206101 being the whole of the land
14             comprised in certificate of title Volume 530 Folio 198A
15   7.        Lot 220 on Deposited Plan 206101 being the part of the land
16             comprised in certificate of title Volume 1672 Folio 443
17   8.        Lot 270 on Deposited Plan 206101 being the whole of the land
18             comprised in certificate of title Volume 1322 Folio 674
19   9.        Lot 271 on Deposited Plan 206101 being the whole of the land
20             comprised in certificate of title Volume 1776 Folio 29
21   10.       Lot 272 on Deposited Plan 206101 being the whole of the land
22             comprised in certificate of title Volume 1776 Folio 30
23   11.       Lot 274 on Deposited Plan 206101 being the whole of the land
24             comprised in certificate of title Volume 1353 Folio 253
25   12.       Lots 196 and 197 on Deposited Plan 206101 being the whole of the
26             land comprised in certificate of title Volume 2011 Folio 616
27   13.       Lots 217, 218 and 219 on Deposited Plan 206101 being part of the
28             land comprised in certificate of title Volume 1672 Folio 443
29   14.       Lot 343 on Deposited Plan 206102 being the whole of the land
30             comprised in certificate of title Volume 1878 Folio 905

31




     page 10
                                                                         Wittenoom Closure Bill 2019



                                                                                                    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)
date of taking ........................................................................................................3
former principal proprietor ........................................................................ 3, 12(1)

 


 

A Act ................................................................................................................. 3 Minister ................................................................................................................. 3 native title rights and interests .............................................................................3 notice of intention ................................................................................................ 3 registered ............................................................................................................... 3 Wittenoom land.....................................................................................................3

 


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