Document ID: chunk:federal_register_of_legislation:F2006B00525:body:0:p2
Version: federal_register_of_legislation:F2006B00525
Segment Type: other
Provision Reference: 
Character Range: 2483–5290

plan that has been:
 (i) accepted by an authorised land officer under section 176 of this Act; and
 (ii) signed by the officer; and
         (b) has been certified by the local authority as a public road.

        SCHEDULE—continued

PART 2—AMENDMENTS OF THE
LOCAL GOVERNMENT ACT 1960 (W.A.) (C.I.)

1.   Section 287 (Approval of provision or alteration of street)

1.1   After subparagraph 287 (4) (a) (ii), insert:
 "(iii) the street was used by the public as a street before 1 July 1992; or".

2.   Section 288 (Declaration of dedication of public streets)
2.1   Subsection 288 (4):
Add at the end:
         "; or (e) the land that is the subject of the request was used by the public as a street before 1 July 1992.".

3.   Section 294a (Provision of streets in subdivisions under the Land Act 1933)
3.1   Subsection 294a (1):
Omit "; but no way not exceeding six metres in width shall be dedicated by virtue of this section".

4.   Section 295 (Provision of streets in subdivisions under the Town Planning and Development Act 1928)
4.1   Subsection 295 (5):
Omit "; but no way not exceeding six metres in width shall be dedicated or be deemed to have become dedicated by virtue of this subsection, subsection (5) of section one hundred and fifty-seven of the Road Districts Act 1919 or any Act repealed by that Act".

PART 3—AMENDMENTS OF THE
STRATA TITLES ACT 1985 (W.A.) (C.I.)

1.   Section 23 (Certificate of local government authority)
1.1   Paragraph 23 (1) (a):
After "inspected and", insert ", subject to subsection (1a),".

        SCHEDULE—continued

1.2   After subsection 23 (1), insert:

 "(1a) The local government authority is not required to certify that a building shown on a strata plan is consistent with building plans and specifications approved for the building, if:
         (a) the building was commenced before 1 July 1992; and
         (b) the authority did not approve plans for the building.".

PART 4—AMENDMENTS OF THE TOWN PLANNING AND DEVELOPMENT ACT 1928 (W.A.) (C.I.)

1.   New section 20aa
1.1   After section 20a, insert:

Vesting of access areas and reserves in Shire Council

 "20aa. (1)  This section applies when:
          (a) the Commission has approved, under this Act, a subdivision of land on the condition that parts of the land shown on a diagram or plan of survey of the subdivision as approved vest in the Christmas Island Shire Council for the purpose of:
 (i) conservation or protection of the environment; or
 (ii) a waterway; or
 (iii) a pedestrian accessway; or
 (iv) a right-of-way; or
 (v) a reserve for water supply, sewerage, drainage, foreshore management, waterway management or  recreation; and
         (b) the diagram or plan is received registered or deposited in the Office of Titles.

 "(2) The Registrar of Titles