FORESHORE YALLINGUP LAND BILL 2005
EXPLANATORY MEMORANDUM
Clause 1: This provides for the Act to be cited as the Yallingup Foreshore Land
Act 2005.
Clause 2 Provides for the Act to come into operation on the day on which it
receives Royal Assent.
Clause 3 This clause is self explanatory.
Clause 4 In 1938 land near the foreshore and Caves House, was resumed by the
State Government for purposes of "Public Recreation Grounds at
Yallingup" under the Public Works Act 1902 (WA) as notified in the 9
December 1938 Government Gazette page 2112.
Clause 4 will ensure that, to the extent (if any) to which that 1938
resumption of land was invalid or ineffective, the rights and liabilities
(both retrospectively and prospectively) of all people will be (and, be
deemed, to have been) the same as if the 1938 resumption of the land
had always been valid and effective.
Clause 5 This clause specifies four (4) former provisions of the Public Works Act
1902 (WA) all of which have been repealed by subsequent legislation.
Originally, in the 1902 Act, section 29 provided that if land which had
been resumed for public works was no longer required for such public
work, the Governor could sell that land by public auction or private
contract or the land could be used for any other public work.
In 1955 new sections 29 and 29A were inserted in that Public Works
Act 1902 providing a right, in specified circumstances, to re-purchase
land previously resumed under that Act.
Under section 29 where the Governor in Council considered that
resumed land was no longer required for the purposes for which it was
originally resumed, then that land could be sold or used for other public
purposes. In that event, the previous owner was, in specified
circumstances, to be given the option to re-purchase before the land was
sold or used for another purpose.
Under section 29A, if the resumed land was not being used for any
public work, the former owner of the resumed land could apply to the
Governor in Executive Council for a decision as to whether the land is
required for the work public for which it was resumed. If the land is not
so required, that former owner may be given the option to repurchase
the land by paying the initial compensation plus 10% of that
compensation (not compounded) for each year since the land's
resumption.
In 1965 new section 29B was inserted in the Public Works Act 1902
(WA) providing that where land resumed for a public work
was used for that work 10 years or more after its resumption and
subsequently is no longer required for that work, then sections 29
and 29A do not apply to the land and with the Governor's approval
the land may be sold at public auction or private contract or used for
any other public work;
was not required for that public work, then after 10 years or more
since its resumption sections 29 and 29A apply to that land but the
purchase price payable by the original owner is a reasonable price
determined by the Minister.
Sections 29 and 29A (inserted in 1955) were repealed in 1997.
However, the effect of these provisions was continued by transitional
provisions in section 200 of the Land Administration Act 1997 (WA).
There are no transitional provisions for the original section 29 or for
section 29B.
Clause 5 ensures tha...