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


YALLINGUP FORESHORE LAND BILL 2005

                       Western Australia


     Yallingup Foreshore Land Bill 2005

                         CONTENTS


1.    Short title                                              1
2.    Commencement                                             2
3.    Definitions                                              2
4.    Yallingup foreshore land validly and effectively
      resumed                                                  2
5.    Certain repealed provisions do not apply to Yallingup
      foreshore land                                           2
6.    Certain current provisions do not apply to Yallingup
      foreshore land                                           3
7.    Treasurer may make payment in respect of legal costs
      incurred in relation to Yallingup foreshore land         3




                            003--1                             page i
                           Western Australia


                       LEGISLATIVE ASSEMBLY



         Yallingup Foreshore Land Bill 2005


                               A Bill for


An Act to make provision about the resumption of, and the
application of certain provisions to, certain land in the vicinity of the
Yallingup foreshore, and for related purposes.



The Parliament of Western Australia enacts as follows:

1.       Short title
         This is the Yallingup Foreshore Land Act 2005.




                                                                   page 1
     Yallingup Foreshore Land Bill 2005



     s. 2




     2.         Commencement
                This Act comes into operation on the day on which it receives
                the Royal Assent.

     3.         Definitions
 5              In this Act --
                "land" means the land at Yallingup that was the subject of a
                     land resumption notice published in the Gazette on
                     9 December 1938 at page 2112;
                "liability" includes a duty or obligation;
10              "resumption" means the resumption of the land that took
                     effect, or purported to take effect, under the Public Works
                     Act 1902 on 9 December 1938;
                "right" includes an interest or status.

     4.         Yallingup foreshore land validly and effectively resumed
15        (1)   Subsection (2) applies if, and to any extent to which, the
                resumption was invalid or ineffective.
          (2)   The rights and liabilities of all persons are declared to be, and
                always to have been, the same as if the resumption had been
                valid and effective in all respects.

20   5.         Certain repealed provisions do not apply to Yallingup
                foreshore land
          (1)   The rights and liabilities of all persons are declared to be, and
                always to have been, the same as if the repealed provisions
                never applied to the land.
25        (2)   In subsection (1) --
                "repealed provisions" means --
                     (a) the provision that was enacted as section 29 of the
                           Public Works Act 1902 and repealed by the Public
                           Works Act Amendment Act 1955;

     page 2
                                              Yallingup Foreshore Land Bill 2005



                                                                               s. 6



                    (b)   the provision that was enacted as section 29 of the
                          Public Works Act 1902 by the Public Works Act
                          Amendment Act 1955 and repealed by the Acts
                          Amendment (Land Administration) Act 1997;
 5                  (c) the provision that was enacted as section 29A of the
                          Public Works Act 1902 by the Public Works Act
                          Amendment Act 1955 and repealed by the Acts
                          Amendment (Land Administration) Act 1997; and
                    (d) the provision that was enacted as section 29B of the
10                        Public Works Act 1902 by the Public Works Act
                          Amendment Act 1965 and repealed by the Acts
                          Amendment (Land Administration) Act 1997,
                    and includes those provisions as they were in effect at any
                    time.
15   6.         Certain current provisions do not apply to Yallingup
                foreshore land
          (1)   Sections 190 and 191 of the Land Administration Act 1997 do
                not apply to the land.
          (2)   The rights and liabilities of all persons are declared to be, and
20              always to have been, the same as if sections 190 and 191 of the
                Land Administration Act 1997 never applied to the land.
     7.         Treasurer may make payment in respect of legal costs
                incurred in relation to Yallingup foreshore land
          (1)   The Treasurer of the State may make payment in such amount
25              as the Treasurer considers to be appropriate in respect of legal
                costs incurred in proceedings of a kind referred to in
                section 200(3) of the Land Administration Act 1997 in relation
                to the land.
          (2)   Any money payable under a decision of the Treasurer under
30              subsection (1) is to be charged to the Consolidated Fund which
                to the extent necessary is appropriated accordingly.




 


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