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Find out about the right of appeals to the Governor,
and how land acquisition in Western Australia can give way to a claim for
A structured right of appeal to the Governor against a
decision of the Minister is set out in Part 3 of the Land Administration Act 1997 (LAA).
This right of appeal is only available in five specific
All types of land and interests in land, including
Native Title rights and interests, can be taken for a public work (a project
carried out by the State on behalf of the community, such as the construction of
However, the procedures for taking (the term used
under the Land Administration Act 1997 in lieu of 'resumption'
or 'compulsory acquisition'. It relates to the taking or acquisition of
interests in land, whether by agreement or compulsion) are different for
each type of land affected by a Taking Order.
Where land or interests in land are taken by the
registration of a Taking Order, all rights and interests affecting the land are
converted into a claim for compensation.
Section 51(xxxi) of the Australian Constitution
expressly empowers the Federal Parliament to make laws for the acquisition of
property. This power extends to any State or individual property in respect of
which the Commonwealth Parliament has a law-making function.
The High Court decision of New South Wales v
Commonwealth (1915) 20 CLR 54 held that the sovereignty of each State Parliament
empowers it to take or acquire land with or without payment of compensation.
The power vested in this State to take land or
interests in land is set out in Part 9 of the Land Administration Act 1997 (WA) [LAA] and the
compensation entitlement of owners of interests in land taken under Part 9 is
set out in Part 10 of the LAA.
Chapter 10 of the Crown Land Practice Manual provides further information on
If you require further information please contact
Department of Lands
ABN 68 565 723 484