Rural Industries Assistance Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

RURAL INDUSTRIES

ASSISTANCE.

No. 57 of 1980.

AN ACT to amend the Rural Industries Assistance

Act 1975.

[Assented to 24 November 1980.]

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:—

1. (1) This Act may be cited as the Rural	and citation.
Short title

Industries Assistance Amendment Act 1980.

(2) In this Act the Rural Industries Assistance

Act 1975 is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Rural Industries Assistance Act 1975-

No. 57.] Rural Industries Assistance. [1980.

Section 2	2.	Section 2 of the principal Act is amended in
amended.

the interpretation "scheme" by deleting "financial".

Section 3

amended. 3. Section 3 of the principal Act is amended in

subsection (1) by deleting "financial".

Sections 3A,

33, 3C and 4. After section 3 of the principal Act the follow-

3D inserted.	ing sections are inserted-
Provisions

as to	" 3A. (1) Without limiting the generality of
acquisition,
holding and	section 3 (2) of this Act the Authority may, to
disposal of
property,	such extent and in such manner as is contem- plated by, and necessary for the operation of, a scheme

(a)	acquire, hold and deal with real and personal property;
(b)	sell, lease, grant, exchange or otherwise dispose of real or personal property on such terms and conditions as the Authority thinks fit;
(c)	take such security as the Authority thinks fit in respect of moneys advanced under the scheme by way of loan.

(2) Where the approval in writing of the Minister to whom the administration of the Land Act 1933 is committed has first been obtained

(a)	the holder of any estate or interest in land under the operation of that Act may, notwithstanding anything con- tained in that Act, dispose of that estate or interest to the Authority;
(b)	the Authority may, notwithstanding anything contained in that Act, acquire and hold, surrender or otherwise deal with an estate or interest in land under the operation of that Act.

1980.] Rural Industries Assistance. [No. 57.

(3) The Governor may, if he is satisfied that it is necessary or expedient for the operation of a scheme

(a)	dispose of any area of Crown land to the Authority for an estate in fee simple;
(b)	lease any area of Crown land to the Authority,

on such terms and conditions as he thinks fit.

Compensa-

3B. (1) Where

tion

for effect of

clearing

controls.

(a)	an offer is made to a person by the Authority setting out details of the assistance that the Authority proposes to render to him under a scheme;
(b)	that offer is accepted by that person in writing; and
(c)	that person is the owner or occupier of land, or of an estate or interest in land, that has been injuriously affected by the operation of Part IIA of the Country Areas Water Supply Act 1947,

the Authority may serve a notice under this section on the Minister to whom the admin- istration of that Part of that Act is committed,

(2) A notice under this section shall be in

writing and shall

(a)	identify the person who has accepted the offer of assistance and the land that has been injuriously affected;
(b)	specify the cause and nature of the injurious affection; and
(c)	notify the Minister on whom it is served that such assistance as is specified in the notice (being the whole or a portion

of the assistance offered and accepted) is to be rendered to the person by the Authority by way of compensation for the injurious affection.

(3) On and from the service of a notice under this section

(a)

the person identified in the notice shall, for the purposes of the provisions of Part IIA of the Country Areas Water Supply Act 1947, be deemed to have claimed and been paid compensation under and in accordance with those provisions in respect of the injurious affection specified in the notice and shall not be entitled to make or pro- ceed with any claim under those provi- sions in respect of the injurious affection; and

(b)

the assistance specified in the notice shall, for the purposes of the provisions of the Country Areas Water Supply Act 1947, be deemed to have been paid as compensation under and in accordance with those provisions in respect of the injurious affection specified in the notice and those provisions shall apply thereto and in relation thereto.

Prohibition

on dealings

3C. (1) Where the Authority disposes of an estate or interest in any land to a person for the purpose of assisting him under a scheme the Authority may deliver to the Registrar of Titles or the Registrar of Deeds, as the case requires, a memorial in the prescribed form reciting that the estate or interest has been so disposed of, and the Registrar of Titles, or the Registrar of Deeds, as the case requires, shall without pay- ment of a fee, register the memorial and endorse or note the title and land register or record in respect of the land.

in land.

1980.] Rural Industries Assistance. [No. 57.

(2) When the memorial is registered the Registrar of Titles or the Registrar of Deeds, as the case requires, is prohibited from registering and from accepting for registration an instru- ment effecting a transfer or assignment of the estate or interest or a lease of the land without the consent of the Authority until the land ceases under subsection (3) of this section to be bound by this subsection.

(3) Where a memorial has been registered under subsection (1) of this section in relation to land the Authority may deliver to the Registrar of Titles, or the Registrar of Deeds, as the case requires, a notice signed and dated by the Chairman of the Authority notifying that the Authority no longer requires the land to be bound by subsection (2) of this section and the Registrar of Titles, or the Registrar of Deeds, as the case requires, shall endorse the title and land register or record to that effect and, when the notice is so noted, the land ceases to be bound by subsection (2) of this section.

Claims for

3D. Notwithstanding anything contained in Part IIA of the Country Areas Water Supply Act

compensa-

tion

excluded.

1947, where, pursuant to a scheme, the Authority disposes of an estate or interest in land to a person referred to in section 3B (1) (c) of this Act no claim for compensation shall thereafter lie under that Part of that Act in relation to any use of that land by a person deriving title through the Authority. " .

5. Section 4 of the principal Act is amended in amended.

subsection (1) by deleting "financial".