3FTransfer of land from WAMC

3F Transfer of land from WAMC

3F Transfer of land from WAMC

(1) The WAMC may, by written notice, advise the Minister that certain land is no longer required to be owned or managed by the WAMC for risks to human health or the environment to be properly managed in relation to the land.

(2) The Minister may, by order published in the Gazette, transfer the land specified in the order from the WAMC to—

(a) for land transferred to the WAMC from the State or a government agency—the State, the government agency or, with the agreement of both parties to the transfer, another government agency, or

(b) for land transferred to the WAMC from a council—the council.

(3) On the day the order is published in the Gazette (the transfer day), the land vests in the transferee 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 WAMC in relation to the land become the rights or liabilities of the transferee,

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

(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 WAMC 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 transferee,

(d) a reference in an Act, in an instrument made under an Act or in a document to the WAMC 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 transferee.

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