3ETransfer of land to WAMC

3E Transfer of land to WAMC

3E Transfer of land to WAMC

(1) The Minister may, by order published in the Gazette, transfer land comprising, wholly or in part, contaminated land—

(a) from the State or a government agency to the WAMC, or

(b) from a council to the WAMC.

(2) The Minister may transfer land under subsection (1) only if—

(a) both parties to the transfer have consented to the transfer, and

(b) the Treasurer has approved the transfer or the transfer is in accordance with a Treasurer’s direction under the Government Sector Finance Act 2018.

(3) On the day the order is published in the Gazette (the transfer day), the land vests in the WAMC for an estate in fee simple—

(a) without the need for further conveyance, transfer, assignment or assurance, and

(b) subject to the trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the day the order is published.

(4) On the transfer day, the following provisions have effect—

(a) the rights or liabilities of the transferor in relation to the land become the rights or liabilities of the WAMC,

(b) all proceedings relating to the land commenced before the transfer day by or against the transferor and pending immediately before the transfer day are taken to be proceedings pending by or against the WAMC,

(c) an act, matter or thing done or omitted to be done in relation to the land before the transfer day by, to or in relation to the transferor is, to the extent to which the act, matter or thing has force or effect, taken to have been done or omitted to be done by, to or in relation to the WAMC,

(d) a reference in an Act, in an instrument made under an Act or in a document to the transferor is, to the extent it relates to the land or the rights or liabilities, to be read as, or as including, a reference to the WAMC.

s 3E: Ins 2023 No 38, Sch 1[3].