Metropolitan Region Town Planning Scheme Act Amendment Act 1968 (WA)

No. 62.] Metropolitan Region Town [1968.

Planning Scheme.

METROPOLITAN REGION TOWN

PLANNING SCHEME.

No. 62 of 1968.

AN ACT to amend the Metropolitan Region Town

Planning Scheme Act, 1959-1966.

[Assented to 13th November, 1968.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title 1. (1) This Act may be cited as the Metropolitan

and cita-

tion.

Region Town Planning Scheme Act Amendment Act,

1968.

Reprinted

approved	(2) In this Act the Metropolitan Region Town
for reprint

21st June,	Planning Scheme Act, 1959-1966 is referred to as the
1966
as amended	principal Act.
by Act No.
84 of 1966.	(3) The principal Act as amended by this Act may be cited as the Metropolitan Region Town Planning Scheme Act, 1959-1968.

1968.] Metropolitan Region Town [No. 62.

Planning Scheme.

Commence-

2. This Act shall come into operation on a date ment.

to be fixed by proclamation.

S.36

3. Section thirty-six of the principal Act is amended. (Applica-

amended

tion of

65.11 and 12

(a)	by adding after the subsection designation	of Town Planning
"(2)", the paragraph designation "(a)";	Act toScheme.)
(b)	by adding to subsection (2) a paragraph as follows:

(b) The Authority shall, within three months of the claim for injurious affection being made, or where such a claim is made before the date of the coming into operation of the Metropolitan Region Town Planning Scheme Act Amendment Act, 1968, within three months of that date, by notice in writing given to the claimant, either elect to acquire the land or advise that it does not intend to acquire the land. ;

(c) by adding after subsection (2) the follow- ing subsections

(2a)

Where the Authority elects to acquire the land as provided in subsec- tion (2) of this section, if the Authority and the owner of the land are unable to agree as to the price to be paid for the land by the Authority, the price at which the land may be acquired by the Authority shall be the value of the land as deter- mined in accordance with subsection (2b) of this section.

(2b) The value of the land referred to in subsection (2a) of this section shall be the value thereof on the date the Authority elects to acquire the land under that subsection, and that value shall be determined

(a) by arbitration in accordance with the Arbitration Act, 1895; or

No. 62.] Metropolitan Region Town [1968.

Planning Scheme.

(b) on the application of the owner of the land, made in the pre- scribed manner-

(i)  by a Local Court, sitting at a place nearest to where the land lies—if the value of the land claimed by the owner thereof is not more than one thousand dollars; or

(ii)   by the Supreme Court—if the value of the land claimed by the owner thereof is more than one thousand dollars;

or

(c) by some other method agreed upon by the Authority and the owner of the land,

and that value shall be determined with- out regard to any increase or decrease, if any, in value attributable wholly or in part to the Scheme. ;

(d) by adding after subsection (3) a subsection as follows

(3a) Compensation for injurious affec- tion to any land is payable only once under paragraph (a) of subsection (3) of this section, unless after the payment of that compensation further injurious affection to the land results thereafter from an alteration of the existing reserva- tion on the land or the imposition of another reservation thereon. ; and

(e) by adding after subsection (6) the following

subsections

(7) Where compensation for injurious affection to any land has been paid under subsection (3) of this section, the Authority may lodge with the Registrar

1968.] Metropolitan Region Town [No. 62.

Planning Scheme.

of Titles a caveat against the land speci- fying the amount of compensation so paid and the date of the payment.

(8) On receipt of the caveat from the Authority, the Registrar of Titles shall enter it in the Register Book. .

Amendment

4. Section thirty-six B of the principal Act is

to s. 36B.

(Valuations

amended by the Board.)

(a)	by substituting for the word, "A" in line one of subsection (2), the passage, "Subject to subsection (3a) of this section, a"; and
(b)	by adding after subsection (3) subsections as follow

(3a) Where any land with respect to which a valuation has been made under this section is not sold within a period of one year from the making of the valua- tion, the Board may, at the request of the owner of the land, if in the circum- stances of the case it thinks it just to do, review the valuation and either confirm the valuation or vary it.

(3b) Where the Board reviews a valua- tion pursuant to subsection (3a) of this section, it shall notify the owner of the land and the Authority accordingly and thereupon subsection (3) of this section, with such modification as circumstances require, applies to the valuation as reviewed by the Board. .