PROPOSAL - parliament.wa.gov.au · SUBMISSION TO PARLIAMENT UNDER SECTIONS 42(4), 44(1) OR 45(4) OF THE LAND ADMINISTRATION ACT 1997 The proposal detailed in this report is required

Submission to Parliament

under Section 44(1)

of the Land Administration Act 1997

PROPOSAL

Submission No: 2/2019

Submitted by the

Minister for Lands

on .. .Vrfi 20 ..m

(day) (month) (year)

Page 1 of 3

SUBMISSION TO PARLIAMENTUNDER SECTIONS 42(4), 44(1) OR 45(4)

OF THE LAND ADMINISTRATION ACT 1997

The proposal detailed in this report is required by the above provisions to be laid beforeeach House of Parliament.

Section 43 of the Land Administration Act 1997 provides as follows:

43(1) If, after a proposal is laid before each House of Parliament under Sections 42(4),44(1) or 45(4) notice of a resolution disallowing the proposal-

(a) is not given in either House of Parliament within 14 sitting days of that Houseafter the proposal was laid before it, the proposed reduction, excision,cancellation, change, grant or permission may be implemented by order afterthe last day of the later of those periods of 14 sitting days;

(b) is given in either or both of the Houses of Parliament within 14 sitting days ofthat House, or each of those Houses, after the proposal was laid before it,but that resolution is not lost in that House or each of those Houses within30 sitting days after the proposal was laid before it, the proposed reduction,excision, cancellation, change, grant or permission lapses; or

(c) is given in either or both of the Houses of Parliament within 14 sitting days ofthat House, or each of those Houses, after the proposal was laid before it,but that resolution is lost in that House or each of those Houses within 30sitting days after the proposal was laid before it, the proposed reduction,excision, cancellation, change, grant or permission may be implemented byorder after that loss or after the later of those losses, as the case requires.

(2) It does not matter whether or not a number of sitting days referred to in subsection(1) or some of them occur during-

(a) the same session of Parliament; or

(b) the same Parliament,

as that in which the relevant proposal is laid before the House of Parliament concerned.

The proposal set out in this report is accordingly tabled in this House on

Page 2 of 3

EASEMENT I CLASS A RESERVE 7804 UNDER SECTION 44(1) OF THE LANDADMINISTRATION ACT 1997 (LAA)

Class A Reserve 7804 is set aside for the purpose of 'Park and Recreation and managedby the City of Nedlands.

The Water Corporation has installed a pumping station and associated infrastructure on aportion of Class A Reserve 7804. The current easement shown on Plan 36773 (Attachment1) does not adequately encompass the built infrastructure.

As an existing easement in gross cannot be amended to alter the easement area, a neweasement is required to wholly encompass the infrastructure.

The new easement will cover a 90m2 portion of Class A Reserve 7804 as depicted onDeposited Plan 404934 (Attachment 2) which is located 3.5 metres southward of the currenteasement.

In accordance with section 44(1) of the LAA, the proposal was advertised in The WestAustralian newspaper on 27 December 2018. At the conclusion of the designated 30-daycomment period, no submissions were received. A copy of the approved advertisement canbe found at Attachment 3.

ELECTORAL DISTRICT OF NEDLANDSNORTH METROPOLITAN REGIONCITY OF NEDLANDS

Att

Page 3 of 3

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SUBJECT PURPOSE STATUTORY REFERENCE ORIGIN LAND BURDENED BE EFIT TO COMMENTS

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record ,I* delete if inapplicable]

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