Closed Roads Alienation Act 1932 (WA)
| No. 3.] | Closed Roads Alienation. | [1931 |
CLOSED ROADS ALIENATION.
23° GEO. V., No. III.
No. 3 of 1932.
AN ACT to make provision for the alienation of Ian( comprised in Closed Roads, and for other purpose, relating thereto.
[Assented to 18th October, 1932..
Council and Legislative Assembly of Western Australia, itBE it enacted by the King's Most Excellent Majesty, b)and with the advice and consent of the Legislativ(
this present Parliament assembled, and by the authority al
the same, as follows:—
| Short title. | 1. This Act may be cited as the Closed Roads Alienation Act, 1932. |
| lids Act to be |
| read with the Land | 2. (1.) This Act shall be read in conjunction with the |
Act, 1898, and the Land Act, 1898, and the Transfer of Land Act, 1893.
Transfer of Land '
Act, 1893.
(2.) Sections three, four, and five of this Act shall not
apply to
| (a) | any closed road situate within a municipality; or |
| (b) | any closed road situate within a road district to or in connection with which subsection (3) or sub- section (6) of section one hundred and fifty of the Road Districts Act, 1919, has heretofore had effect or become applicable, or to any closed road afore- said where the closure has been or hereafter shall be effected under the said section one hundred and fifty, if and so far as the land comprised in the closed road had, when reserved for road purposes, been alienated from the Crown in fee simple; or |
| (c) | any closed road situate within a road district which has or shall become dedicated as a road under sub- section five of section one hundred and fifty-five of the Road Districts Act, 1919. |
| 1932. | ] | [No. 3. |
Closed Roads Alienation.
Save as aforesaid, this Act and sections three, four, and five of this Act shall apply to all closed roads situate within a road district whether the same have been closed under the provisions of section one hundred and fifty of the Road Dis- tricts Act, 1919, or under the provisions of section six of the Land Act Amendment Act, 1902.
Where a road is
| 3. Where a road has hitherto been, or hereafter is, closed, and the land comprised therein has become Crown land, and | closed end hind is |
| resumed without | |
| payment of Ma- pens:aim' for the | |
| land of any person, through whose land such closed road | purpose of a road to take the place |
| passes or to whose land such closed road adjoins, is resumed | of the closed road, land In the closed |
| for the purpose of a road to take the place of the closed road | road coulee/ea to the land resumed |
| in exercise of a right of resumption without payment of com- | may be vested in the owner of the |
| pensation, the Governor may, on the recommendation of the | land resumed. |
| Minister and without any consideration, by Order in Council, declare that so much of the land comprised in the closed road, which passes through or adjoins the land of such person, as, in the opinion of the Minister, is equivalent to the land re- sumed as aforesaid, shall vest in such person for an estate or interest similar to that held by such person in his land im- mediately contiguous to the land so vested. | |
| 4. Where a road has heretofore been or hereafter is closed, and the land comprised therein has become Crown land, and | closed and land isWhere a road is resumed for a road |
| to take the place | |
| land of any person through whose land such closed road | of the dosed roadandserpenssuapon |
| passes, or to whose land such closed road adjoins, is resumed | on suc |
| ins I m rieshl ilf i | payabl |
?ai-q e, ■■q
| for the purpose of a road to take the place of the closed road, | til r(t)laled closed | oroaad | roa |
| and by reason of such resumption such person is entitled to | nay beeiresOV land resumed in |
| claim and recover compensation from a road board, the Gov- | satisfaction of such |
| ernor may, on the recommendation of the Minister, and with | compensation. |
| the consent of such person and of such road board, by Order in Council declare that as and by way of satisfaction or part satisfaction of the compensation payable, so much of the land comprised in the closed road, which passes through or ad- joins the land of such person as, in the opinion of the Minis- ter, is equivalent in value to the amount of the compensation payable or to a definite portion of such compensation, shall vest in such person for an estate or interest similar to that held by such person in his land immediately contiguous to the land so vested. In such case the road board shall forthwith, if required so to do by the Minister, pay to the Minister the amount of the compensation in satisfaction whereof such land has been vested as aforesaid. |
| No. 3.] | Closed Roads Alienation. | [1932. |
Where a road is
| closed, the land | 5. Where a road has heretofore been, or hereafter is, |
| comprisedtherein |
| may be vested in | closed as being no longer required as a road and is Crown |
| owners of land | |
| adjoining the closed | land, or where any land remains in a closed road after the |
| road at a price to | |
| be fixed by the | powers conferred by sections three and four of this Act have |
| Minister. | |
| been exercised in relation to such road, and such remaining land is Crown land, the Governor may, on the recommenda- tion of the Minister, by Order in Council declare that upon payment of the price fixed for the same by the Minister, so much of the land in the closed road as adjoins the land of a person holding- land contiguous thereto shall vest in such person for an estate or interest similar to that held by such person in the land adjoining the closed road as aforesaid: | |
| Provided that, where the land on the opposite sides of a closed road is held by different owners, the contiguous half of the land in the closed road to the middle thereof may be vested in each such owner. | |
| 'Land in a closed |
| road which is | 6. | Where land comprised in a closed road has or hereafter |
| vested in the |
| owner of land ad- | shall become vested by virtue of or under any Act in the per- |
| joining the closed | |
| road is so vested | son who is entitled to an estate or interest in land through |
| for an estate | |
| similar to the | which such closed road passes or to which such closed road |
| estate held by | |
| such person in | adjoins. the land in the closed road shall be deemed to have |
| such adjoining | |
| /and. | been or to be vested in such person for an estate or interest similar to that held by him in the land through which the closed road passes or to which the closed road adjoins as aforesaid. |
| closed road is |
| Where land in a | 7. | (1.) Where land comprised in a closed road becomes |
| vested or becomes |
| vested In owner | vested in any person under this Act, or has become vested in |
| Of adjoining land | |
| such land shall be | any person in the manner mentioned in section six of this Act, |
| deemed to lie in- | |
| corporated with | such land shall be deemed to be incorporated with and to form |
| and form part of | |
| such adjoining | part of the parcel of land through which the closed road |
| land. | passes or to which the closed road adjoins, as the same is de- noted and identified in the records of the Department of Lands and Surveys, or the Office of Land Titles, or the Deeds Office, as the case may be: |
| Provided that, where the same person holds the land on both sides of a closed road, and the land on one side thereof is held under an instrument of title different from that under which the land on the other side of the closed road is held, the Minister shall decide with which parcel of land the land hi the closed road is to be incorporated as aforesaid. |
| 1932.] | Closed Roads Alienation. | [No. 3. |
When any land part of a closed road has become vested under this Act ill any person as owner of any lands through which the said road passed or to which it adjoined, the Minister, or the Under Secretary for Lands, or any officer appointed by the Governor for the purpose, shall issue to such person a certificate in writing setting forth file particulars of such vesting and specifying the land affected.
(2.)
| The Registrar of Titles or the Under Secretary for Lands, as the case may require, shall, upon receipt of an ap- | andyonrilraLeser:-e |
| Registrar of Tuna | |
| mal;e necessary | |
| plication iu writing from the person in whom the laud is | alterations in |
| records. | |
| vested and production of the certificate issued to him under subsection (2) hereof, and on payment of the fee prescribed where a fee is payable, make such alterations in any lease from the Crown issued under the Land Act, 1898, or in any certificate of title issued under the Transfer of Land Act, 1893, or in any other records under his control and relating to such parcel of land as may be necessary to show that the land in the closed road has become incorporated with and forms part of the parcel of land aforesaid. No fee shall be payable except in the case of land in a closed road which is heated in a person under section five of this Act. |
(3.)
| Where such parcel of land aforesaid is freehold land under the Transfer of Land Act, 1893, the Registrar of Titles | Where Land free- |
(4.)
es Registrar
W
existing
| o | acnefittifi | ssclaitee |
| may, and shall, upon the application of the owner thereof and | title |
itiletrire. certificate 01
production of the certificate issued to such owner under sub- section (2) hereof, and on payment of the fee prescribed by or under the said Act, cancel the relative certificate of title and issue a new certificate of title in winch he shall include the land ill the closed road which has become incorporated with and forms part of the parcel of land aforesaid comprised in such certificate of title.
| Where any person has possession or control of any lease from the Crown, or any certificate of title or other in- | Persons having | ||
| possession | |||
| |||
| strument in which the Registrar of Titles or Under Secre- |
| ||
| |||
| tary for Lands desires to make any alterations as required by |
| ||
| this section, and where any person has possession or control | Secretary for | ||
| of any certificate of title which has been cancelled by the Registrar of Titles under subsection four hereof, the Regis- trar of Titles or the Under Secretary for Lands, as the case may require, may serve upon such person a notice in writing requiring him, within a time specified in the notice, to deliver to him the lease, certificate of title, or other instrument men- honed and described in the notice. |
(5.)
| No. 3.] | Closed Roads Alienation_ | [1932. |
Failure to deliver
| instruments of | (6.) If any person fails or neglects to comply with any notice served on him under subsection five hereof, he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding twenty pounds, and in addition to a daily penalty not exceeding- forty shillings. |
| title an offence. | |
| closed road is |
| Where land in a | 8. | Where land comprised hi a closed road has become in- |
| incorporated with |
| adjoining land | corporated with and forms part of other land as in this Act |
| which is subject | |
| to a mortgage or | provided, and such other land is subject to a mortgage or |
| other encumbrance | |
| or caveat, such | other encumbrance or caveat, then upon the lease or certifi- |
| land also becomes | |
| subject to such | cate of title of such other land being altered as provided for |
| -mortgage or other | |
| encumbrance. | in section seven of this Act, the land in the closed road then shown to be included in such lease or certificate of title shall, by virtue of this Act, become subject to such mortgage or other encumbrance or caveat as if such land had originally been included therein. |
| Where prior to | 9. | Where prior to the commencement of tins Act land |
| this Act land in a | ||
| closed road has |
| been added to | comprised in a closed road has by virtue of or under any |
| other land which | |
| was and still is | Act been added to or incorporated with other land, and the |
| subject to a mort- | |
| gage or other | lease or certificate of title of such other laud has been altered |
| encumbrance, such | |
| land shall be deem- | accordingly, and the land originally comprised in such lease |
| ed to have become | |
| and to be subject | or certificate of title was, at the time of such alteration afore- |
| to such mortgage | |
| or other encum- | said, and still is, subject to a mortgage or other encumbrance |
| brance. | or caveat, then the land in the closed road shown by such alteration aforesaid to have been included in such lease or certificate of title shall by virtue of this Act be deemed to have been subject as from the date of the alteration of the lease or certificate of title, and to continue subject to such mortgage or other encumbrance or caveat as if such land had originally been included therein. |
| Provision for in- | 10. Notwithstanding anything to the contrary in this Act |
| crease of purchase con |
| price | of | land | under | contained, where any parcel of land or the estate or interest |
contract of sale in
certain cases. therein is in the course of being sold by the legal owner there-
of under a contract of sale, and during the currency of such contract, and with the approval in writing of the purchaser land in a closed road is vested in the said legal owner under section four or section five of this Act and is incorporated with the said parcel of land under this Act, the purchase price or consideration expressed in the said contract of sale shall be deemed to be increased by the amount of compensation referred to in section four aforesaid or the amount of the purchase price referred to in section five aforesaid, as the
| 932.1 | Closed Roads illienation.. | [No. 3 |
ase may require, and to be payable by the purchaser accord- agly, and the terms and conditions of such contract shall ex- end and apply to the land incorporated as aforesaid as if itch land had originally formed part of the parcel of land the abject of the said contract :
Provided that this section shall not affect the rights of ny person in respect of any claim which has already been ettled or decided.
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