12. Land may be resumed

    (1) The Minister administering the Land Administration Act 1997 may from time to time, under and subject to Part 9 of the Land Administration Act 1997, take on behalf of the Crown any land which in his opinion ought to be taken for the purposes of this Act, and for the purpose of any such proposed taking may cause the land to be inspected, surveyed, explored, and reported upon by such officers and workmen as he directs, all of whom may thereupon enter upon the land and carry out all necessary operations.

    (2) The Minister administering the Land Administration Act 1997 may from time to time under and subject to Part 9 of the Land Administration Act 1997, and at the request of a person interested in land taken or intended to be taken under subsection (1), take on behalf of the Crown any land which is being or is intended to be used in conjunction with the land so taken or so intended to be taken.

    (3) Upon any such taking the owner shall be entitled to compensation, and the amount of such compensation shall be determined in the manner prescribed by Part 10 of the Land Administration Act 1997.

    (4) Whenever it is proved to the satisfaction of the State Administrative Tribunal that damage has been sustained by a claimant by reason of the severance of the land resumed from other adjoining land of the claimant, the Tribunal may order that such adjoining land or some portion thereof shall also be resumed.

    [Section 12 amended by No. 31 of 1997 ss.76(3)-(5), 142 and 143; No. 55 of 2004 s. 916.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.