Western Australian Numbered Acts Western Australian Numbered Acts (1) Subject to this
section, the Trust may take possession of any property that is on land or
waters in the Riverpark if —
(a) the
Trust has reasonable grounds to believe that the property has been abandoned,
is derelict or constitutes a danger to persons, property or the environment;
or
(b) a
notice under subsection (2)(b) relating to that property has not been
complied with.
(2) Before it
exercises the power in subsection (1)(a) in relation to property that
does not constitute a danger to persons, property or the environment, the
Trust must —
(a) make
reasonable inquiry as to the identity and whereabouts of the person who is or
has been the owner of the property; and
(b) if
the identity and whereabouts of that person become known to it give notice to
that person requiring that person to remove the property within the time
specified in the notice.
(3) A person to whom a
notice is given under subsection (2)(b) must comply with the notice.
Penalty: a fine of $10 000.
(4) Any cost incurred
by the Trust under this section is a debt due to the Trust by a person who is
shown to have been the owner, or in the case of abandoned property the former
owner, at the time of removal and is recoverable in a court of competent
jurisdiction.
(5) Subject to
subsections (6), (7) and (8) any property removed under this
section becomes the property of the Trust and may be disposed of as it thinks
fit.
(6) If the
Trust’s estimate of the value of the property exceeds the costs referred
to in subsection (4) together with the costs associated with the sale of
the same, the Trust must sell the property, and after payment of all of its
costs, hold the proceeds in accordance with subsection (7).
(7) The proceeds of
sale referred to in subsection (6) become part of the funds of the Trust
at the expiration of 12 months from the date of the sale unless within
that time a person proves to the satisfaction of the Trust that that person is
entitled to them or any part of them, in which case the Trust must pay the
proceeds or part of the proceeds in accordance with that entitlement.
(8) Despite
subsections (5), (6) and (7), the Trust must give possession of
the property to any person who, before the Trust exercises a power under
subsection (5) or (6), proves that that person is entitled to the
same and who pays to the Trust all costs incurred by it under this section.