Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Land Administration Amendment Bill 2000
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 6C inserted 4
6. Section 13 amended 4
7. Section 15 amended 5
8. Section 18 amended and validation 5
9. Section 19A inserted 8
10 . Section 20 amended 8
11 . Section 43 amended 9
12 . Section 46 amended and validation 10
13 . Section 50 amended 14
14 . Section 52 amended 14
15 . Section 55 amended 16
16 . Section 56 amended 16
17 . Section 57 amended 17
18 . Section 58 amended and validation 17
19 . Section 75 amended 18
20 . Section 80 amended 19
21 . Section 89 amended 20
22 . Section 93 amended 20
23 . Section 97 amended 21
24 . Section 101 amended 22
25 . Section 106 amended 22
26 . Section 108 amended 23
27 . Section 111 amended 23
28 . Section 112 amended 24
29 . Section 113 amended 24
30 . Section 114 amended 25
page i
9--1
Land Administration Amendment Bill 2000
Contents
31 . Section 122A inserted 26
32 . Section 129 amended 26
33 . Section 130 replaced 27
34 . Section 131 replaced 27
35 . Section 132 amended 27
36 . Section 134 amended 28
37 . Section 142A inserted 30
38 . Section 143 amended 32
39 . Section 144 amended 35
40 . Section 151 amended 36
41 . Section 159 amended 36
42 . Section 160 amended 37
43 . Section 165 amended 37
44 . Section 275 amended 38
45 . Part 13 inserted 39
46 . Schedule 2 amended 39
47 . Schedule 3 inserted 42
48 . Validation of certain purported offers of leases 45
49 . Pastoral leases: extension of period for acceptance of
offer 48
50 . Offers in relation to certain leases 49
51 . Consequential amendments 50
52 . Reserve No. 1667 50
Schedule 1 -- Consequential amendments
1. Sandalwood Act 1929 amended 52
2. The Kalgoorlie and Boulder Racing Clubs Act 1904
amended 52
3. The Salvation Army (Western Australia) Property
Trust Act 1931 amended 52
4. Transfer of Land Act 1893 amended 53
5. Water Boards Act 1904 amended 55
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Land Administration Amendment Bill 2000
A Bill for
An Act to --
• validate certain acts related to land administration;
• amend the Land Administration Act 1997;
• amend the Transfer of Land Act 1893;
• extend the period for the acceptance of certain offers; and
• to effect certain changes in respect of Reserve No. 1667.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Land Administration
Amendment Act 2000.
page 1
Land Administration Amendment Bill 2000
s. 2
2. Commencement
(1) The provisions of this Act, other than the provisions set out in
subsections (2), (4), and (5), come into operation on the day on
which it receives the Royal Assent.
5 (2) Sections 8, 10(2), 12, 14(1) and (2), 19(2) and (3), 22, 24 to 37,
and 51 come into operation on a day fixed by proclamation.
(3) Different days may be fixed under subsection (2) for different
provisions.
(4) Section 38(1) is taken to have come into operation on the day on
10 which the Land Administration Act 1997 came into operation.
(5) Section 52 comes into operation on the day after the day on
which this Act receives the Royal Assent.
3. The Act amended
The amendments in this Act are to the Land Administration
15 Act 1997* unless otherwise specified.
[* Act No. 30 of 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 133 and Acts Nos. 13 and 24
of 2000.]
20 4. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "private road" and inserting
the following definition instead --
"
25 "private road" means alley, court, lane, road, street,
thoroughfare or yard on alienated land, or a right
of way created under section 167A(1) of the TLA,
which --
(a) is not dedicated, whether under a written law
30 or at common law, to use as such by the
public; and
page 2
Land Administration Amendment Bill 2000
s. 4
(b) is shown on a plan or diagram deposited or
in an instrument lodged with the Registrar,
and which --
(c) forms a common access to land, or premises,
5 separately occupied;
(d) once formed or was part of a common access
to land, or premises, separately occupied, but
no longer does so;
(e) is accessible from an alley, court, lane, road,
10 street, thoroughfare, yard or public place that
is dedicated, whether under a written law or
at common law, to use as such by the public;
or
(f) once was, but is no longer, accessible from
15 an alley, court, lane, road, street,
thoroughfare, yard or public place that was
dedicated, whether under a written law or at
common law, to use as such by the public;
";
20 (b) by deleting the definition of "road" and inserting the
following definition instead --
"
"road" means, subject to section 54, land dedicated at
common law or reserved, declared or otherwise
25 dedicated under an Act as an alley, bridge, court,
lane, road, street, thoroughfare or yard for the
passage of pedestrians or vehicles or both;
".
page 3
Land Administration Amendment Bill 2000
s. 5
5. Section 6C inserted
Before section 7 the following section is inserted in Part 1 --
"
6C. Avoidance of doubt in relation to certain rights of
5 way
To avoid doubt, it is declared that if --
(a) land was or is taken or resumed and vested in a
local government for the purpose of a right of
way or a right of way and recreation, and not a
10 road; and
(b) the land comprising the right of way or right of
way and recreation has not been or is not
dedicated as a road under a written law,
the land --
15 (c) is and since it was vested in the local
government has remained a right of way; and
(d) the common law relating to the creation of a
public right of way by way of dedication and
acceptance has never applied and does not
20 apply to the land so as to dedicate the land as a
public right of way.
".
6. Section 13 amended
After section 13(5) the following subsections are inserted --
25 "
(6) An order revoked or replaced under section 165(4)
ceases to have effect from the day the order revoking it
or replacing it is registered.
(7) An order amended under section 165(4) is to be treated
30 as having been made in its amended form from the day
the order amending it is registered.
".
page 4
Land Administration Amendment Bill 2000
s. 7
7. Section 15 amended
(1) Section 15(13)(a) is amended by inserting after "covenantor" --
" or his or her successor in title ".
(2) After section 15(13) the following subsections are inserted --
5 "
(14) In relation to Crown land, the Minister may be the
covenantor of a covenant registered under
subsection (3) or (6).
(15) If a covenant is registered under subsection (3) or (6)
10 against Crown land by an instrument against the
relevant certificate of Crown land title or qualified
certificate of Crown land title, the covenant is by
operation of this subsection transferred to, and applies
to, the fee simple when the Crown land is transferred in
15 fee simple in all respects as if the fee simple had been
referred to in the covenant.
".
8. Section 18 amended and validation
(1) Section 18(1) is amended as follows:
20 (a) by deleting "without the prior approval in writing of the
Minister" and inserting instead --
" without authorisation under subsection (7) ";
(b) by inserting after "land" --
" or create or grant an interest in Crown land ".
25 (2) Section 18(2) is amended by deleting "without the prior
approval in writing of the Minister" and inserting instead --
" without authorisation under subsection (7) ".
page 5
Land Administration Amendment Bill 2000
s. 8
(3) Section 18(3) is amended by deleting "without the prior
approval in writing of the Minister" and inserting instead --
" without authorisation under subsection (7) ".
(4) Section 18(4) is amended by deleting "without the prior
5 approval in writing of the Minister" and inserting instead --
" without authorisation under subsection (7) ".
(5) After section 18(6) the following subsections are inserted --
"
(7) A person or lessee may make a transaction under
10 subsection (1), (2), (3) or (4) --
(a) with the prior approval in writing of the
Minister; or
(b) if the transaction is made in circumstances, and
in accordance with any condition, prescribed
15 for the purposes of this paragraph.
(8) This section does not apply to a transaction relating to
an interest in Crown land if --
(a) that land is set aside under, dedicated or vested
for the purposes of an Act other than this Act,
20 and the transaction is authorised under that Act;
(b) that interest may be created, granted,
transferred or otherwise dealt with under an Act
other than --
(i) this Act; or
25 (ii) a prescribed Act;
(c) an agreement, ratified or approved by another
Act, has the effect that consent to the
transaction was not required under section 143
of the repealed Act; or
page 6
Land Administration Amendment Bill 2000
s. 8
(d) the transaction is a lease, sublease or licence
and the approval of the Minister is not required
under section 46(3b).
".
5 (6) Despite section 18(6) of the Land Administration Act 1997, an
act --
(a) done in contravention of section 18(1), (2), (3) or (4) of
that Act on or before the coming into operation of this
section;
10 (b) that, if it had been done after the coming into operation
of this section, would have required the approval in
writing of the Minister; and
(c) approved in writing by the Minister within 12 months,
or such longer period as may be prescribed under that
15 Act, after the coming into operation of this section,
is, and is taken always to have been, as valid and effective as it
would have been if the act were done with the approval in
writing of the Minister.
(7) Despite section 18(6) of the Land Administration Act 1997, an
20 act --
(a) done in contravention of section 18(1), (2), (3) or (4) of
that Act on or before the coming into operation of this
section; and
(b) that, if it had been done after the coming into operation
25 of this section, would not have required the approval in
writing of the Minister,
is, and is taken always to have been, as valid and effective as it
would have been if the act were done with the approval in
writing of the Minister.
30 (8) Despite section 18(6) of the Land Administration Act 1997, if
within 12 months of the day on which this section comes into
operation an act is done in contravention of section 18(1), (2),
page 7
Land Administration Amendment Bill 2000
s. 9
(3), or (4) of that Act as amended by this section that act is valid
and effective if, within 12 months of the day on which this
subsection comes into operation, the Minister approves the act
in writing.
5 9. Section 19A inserted
After section 19 the following section is inserted --
"
19A. Encumbrances in respect of fee simple in Crown
land
10 To avoid doubt, if the fee simple in Crown land is
transferred under this Act subject to encumbrances, it is
declared that sections 81Q, 81R, and 81RA (in respect
of a transfer effected on or after the coming into
operation of the Land Administration Act 1997) of the
15 TLA apply to that land whether or not there is a
specific provision in the TLA or this Act that provides
for encumbrances to be transferred to, and applied to,
the fee simple when transferred in all respects as if the
fee simple had been referred to in the encumbrance.
20 ".
10. Section 20 amended
(1) Section 20(1) is amended by inserting after "certificate of
Crown land title" --
" or a qualified certificate of Crown land title ".
25 (2) Section 20(2) is amended as follows:
(a) after paragraph (a) by deleting "or";
(b) after paragraph (b) by deleting the full stop and
inserting --
"
30 ; or
(c) an interest referred to in section 18(8).
".
page 8
Land Administration Amendment Bill 2000
s. 11
11. Section 43 amended
(1) Section 43(2) is amended by deleting "a number of " and
inserting instead --
" the period of 14 ".
5 (2) After section 43(2) the following subsections are inserted --
"
(3) If the notice of a resolution referred to in subsection (1)
is given to a House and that resolution is not lost but,
before the period of 30 sitting days mentioned in
10 subsection (1)(b) and (c) expires, Parliament is
prorogued or that House is dissolved or expires --
(a) the relevant proposal does not lapse but, subject
to paragraph (b)(iii), it cannot be implemented;
and
15 (b) on the commencement of the next session of
Parliament --
(i) the Minister may cause the proposal to
be laid before that House again;
(ii) notice of a resolution disallowing the
20 proposal may be given again in that
House; and
(iii) subsection (1) applies again but as if the
references in subsection (1)(b) and (c) to
the period of 30 sitting days after the
25 proposal was laid were references to the
remaining sitting days after notice of a
resolution disallowing the proposal is
given under subparagraph (ii).
(4) In subsection (3)(b)(iii) --
30 "remaining sitting days" means the number of sitting
days equal to the portion of the period of 30 sitting
days mentioned in subsection (1)(b) and (c) that
page 9
Land Administration Amendment Bill 2000
s. 12
remained unexpired when Parliament was
prorogued, or the relevant House was dissolved or
expired, as referred to in subsection (3).
".
5 12. Section 46 amended and validation
(1) After section 46(3) the following subsections are inserted --
"
(3a) The Minister may by order --
(a) without the consent of the management body of
10 a reserve, vary --
(i) an order made under subsection (3)(a);
or
(ii) an order made under section 33 of the
repealed Act or section 42 or 43 of the
15 Land Act 1898 that subsists as an order
made under subsection (3)(a),
in relation to whether or not prior approval in
writing of the Minister is required to a grant of
a lease, sublease, or licence;
20 or
(b) with the consent of the management body of a
reserve, vary any other condition to which --
(i) an order made under subsection (3)(a);
or
25 (ii) an order made under section 33 of the
repealed Act or section 42 or 43 of the
Land Act 1898 that subsists as an order
made under subsection (3)(a),
is subject.
page 10
Land Administration Amendment Bill 2000
s. 12
(3b) The Minister's approval under section 18 is not
required for the exercise of a power conferred under
subsection (3)(a) unless --
(a) the person on whom the power is conferred
5 is --
(i) a body corporate that is constituted for a
public purpose under an enactment and
is an agency of the Crown in right of the
State; or
10 (ii) a person referred to in
subsection (10)(b),
and the order provides that the Minister's
approval under section 18 is required; or
(b) the person on whom the power is conferred is a
15 person other than a person referred to in
paragraph (a).
".
(2) Section 46(5) is amended by deleting "or (3)" and inserting
instead --
20 " , (3) or (3a) ".
(3) Section 46(7) is repealed and the following subsections are
inserted instead --
"
(7) A person with whom the care, control and management
25 of a reserve is placed by order under subsection (1) has,
by virtue of this subsection, the capacity, functions and
powers to hold and deal with the reserve in a manner
consistent with the order, any order conferring power
on that person under subsection (3)(a) and this Act to
30 the extent that the person does not already have that
capacity or those functions and powers.
(8) Subsection (7) does not authorise a management body
to perform a function or exercise a power if another
page 11
Land Administration Amendment Bill 2000
s. 12
enactment expressly prevents the person from
performing that function or exercising that power, or
expressly authorises another person to perform that
function or exercise that power.
5 (9) Any instrument in relation to the care, control and
management of a reserve entered into or given by a
person holding an office referred to in
subsection (10)(b)(i) or (v) is taken to have been
entered into or given by the person for the time being
10 holding that office.
(10) In subsection (1), a reference to a person is a reference
to --
(a) a person having perpetual succession;
(b) a person not having perpetual succession who
15 is --
(i) a Minister to whom the Act specified in
the relevant order is for the time being
committed by the Governor;
(ii) the Lands and Forest Commission
20 established under section 18 of the
Conservation and Land Management
Act 1984;
(iii) the National Parks and Nature
Conservation Authority established
25 under section 21 of the Conservation
and Land Management Act 1984;
(iv) the Marine Parks and Reserves
Authority established under section 26A
of the Conservation and Land
30 Management Act 1984; or
(v) a person holding a prescribed office.
(11) If an order made under section 33 of the repealed Act
subsists under clause 16(1) of Schedule 2 as if it were a
page 12
Land Administration Amendment Bill 2000
s. 12
management order under section 46(1), the Minister
may by order vary that order to place the care, control
and management of the reserve the subject of the order
with a person referred to in subsection (10).
5 (12) An order made under section 46(1) before the coming
into operation of section 12 of the Land Administration
Amendment Act 2000 may be varied by the Minister by
order to place the care, control and management of the
reserve the subject of the order with a person referred
10 to in subsection (10).
".
(4) Section 46(3a) of the Land Administration Act 1997 as inserted
by subsection (1) applies in respect of any order made under
section 46(3)(a) of that Act, whether that order was made on,
15 before, or after the coming into operation of subsection (1).
(5) Section 46(3b) of the Land Administration Act 1997 as inserted
by subsection (1) applies in respect of an order made under
section 46(3)(a) of that Act, whether that order was made on,
before, or after the coming into operation of subsection (1).
20 (6) Section 46(7), (8), (9), and (10) of the Land Administration
Act 1997 (the "Act"), as inserted by section 12(3) of the Land
Administration Amendment Act 2000 applies in respect of --
(a) any order made, or purportedly made, under
section 46(1) of the Act;
25 (b) a lease, sublease, or licence granted, or purportedly
granted, by a person referred to in section 46(10) in a
manner consistent with the order, any order made under
section 46(3)(a) of the Act and the Act; and
(c) any other instrument entered into, or purportedly entered
30 into, by a person referred to in section 46(10) in relation
to the care, control and management of a reserve,
on or before the coming into operation of section 12(3) of the
Land Administration Amendment Act 2000 as if section 46(7),
page 13
Land Administration Amendment Bill 2000
s. 13
(8), (9), and (10) had come into operation on the day on which
the Act came into operation.
13. Section 50 amended
(1) Section 50(3) is amended by inserting after "management
5 order" in both places where it occurs --
"
or an order made under section 33 of the repealed Act
or section 42 or 43 of the Land Act 1898 that subsists
as if it were a management order
10 ".
(2) Section 50(6) is amended in the definition of "management
lease" by inserting after "granted" --
" or a lease that subsists as if it were a lease granted ".
(3) After section 50(6) the following subsection is inserted --
15 "
(7) In subsections (1), (2), (4) and (5) --
"management order" includes an order made under
section 46(3)(a) or an order made under section 33
of the repealed Act or section 42 or 43 of the
20 Land Act 1898 that subsists as if it were a
management order or an order made under
section 46(3)(a).
".
14. Section 52 amended
25 (1) Section 52(2)(b) is amended by deleting "(3)(b)" and inserting
instead --
" (3)(b)(i) or (ii), as the case requires ".
(2) Section 52(3) is amended as follows:
(a) in paragraph (a)(i) by inserting after "subject land" --
30 " unless the local government holds that freehold ";
page 14
Land Administration Amendment Bill 2000
s. 14
(b) in paragraph (a)(ii) by inserting after "subject land" --
" unless the local government holds that freehold ".
(c) by deleting paragraph (b) and inserting the following
paragraph instead --
5 "
(b) in the case of --
(i) alienated land referred to in
subsection (1)(a) or a private road
referred to in subsection (1)(b), state in
10 the notice a period of not less than
30 days from the day of that notice
during which period persons may lodge
objections with it against the making of
that request; or
15 (ii) any land referred to in subsection (1)(c),
advertise or take such steps as may be
prescribed to notify interested persons
of an intention to make the request and
state in the notification a period of not
20 less than 30 days from the day of that
notification during which period persons
may lodge objections with it against the
making of that request.
".
25 (3) Section 52(6) is amended as follows:
(a) by deleting "Compensation" and inserting instead --
" Subject to subsection (7), compensation ";
(b) by deleting "(not being a private road)".
(4) After section 52(6) the following subsections are inserted --
30 "
(7) A person with an interest in land that is a private road
(including a person who has the benefit of an easement
page 15
Land Administration Amendment Bill 2000
s. 15
created under section 167A of the TLA) the subject of
an order under subsection (4)(a) who suffers loss on the
registration of the order is not entitled to compensation
under Part 10.
5 (8) Sections 188, 189, 190 and 191 do not apply to a
private road or an interest in land that is a private road
if the land is the subject of an order under
subsection (4)(a) and the land was taken or resumed or
purportedly taken or resumed under a written law for
10 the purpose of a right of way or a right of way and
recreation.
".
15. Section 55 amended
(1) Section 55(2) is amended by inserting after "Main Roads
15 Act 1930" --
" and the Public Works Act 1902 ".
(2) Section 55(4) is amended by deleting "the holder of the freehold
in that land" and inserting instead --
"
20 a person with an interest in that land (including a
person who has the benefit of an easement created
under section 167A of the TLA)
".
16. Section 56 amended
25 (1) Section 56(5)(a) is amended by inserting after "Crown land" --
" or, in the case of a private road, alienated land ".
(2) Section 56(6) is amended as follows:
(a) by deleting "subsection(1)(c)" and inserting instead --
" subsection (1)(b) or (c) ".
page 16
Land Administration Amendment Bill 2000
s. 17
(b) by deleting "the holder of the freehold in that land" and
inserting instead --
"
a person with an interest in that land (including a
5 person who has the benefit of an easement created
under section 167A of the TLA)
".
17. Section 57 amended
Section 57(1)(b) is amended by deleting "or the Commissioner
10 of Main Roads" and inserting instead --
"
, the Commissioner of Main Roads, or the
Minister responsible for the administration of
the Public Works Act 1902
15 ".
18. Section 58 amended and validation
(1) Section 58(5) is amended as follows:
(a) after paragraph (a) by inserting "and";
(b) after paragraph (b) by deleting the semicolon and "and"
20 and inserting a full stop;
(c) by deleting paragraph (c).
(2) If the Minister has not caused notice of the registration of an
order made under section 58(4) of the Land Administration
Act 1997 to be published in a newspaper circulating in the
25 district of the relevant local government under section 58(5)(c)
of the Land Administration Act 1997, that failure does not
render the order invalid and the order is, and is taken always to
have been, as valid and effective as it would have been if the
notice had been so published.
page 17
Land Administration Amendment Bill 2000
s. 19
19. Section 75 amended
(1) Section 75(4) is amended as follows:
(a) by deleting "beneficial" where it first occurs;
(b) by deleting subparagraph (b)(ii) and inserting the
5 following subparagraph instead --
"
(ii) if the fee simple in the conditional
tenure land was transferred under
subsection (1) for a discounted price, an
10 amount calculated using the following
formula --
A = ((P - DP) / P) x R
where --
A is the amount the Minister may
15 recover from the holder of the
freehold in the conditional tenure
land;
P is the unimproved value of the
conditional tenure land at the time
20 the discounted price was paid;
DP is the discounted price;
R is the unimproved value of the
conditional tenure land at the time
of the recovery,
25 ".
(2) Section 75(7) is amended by inserting after "land
accompanied" --
" , subject to subsection (7a), ".
(3) After section 75(7) the following subsection is inserted --
30 "
(7a) The Minister may in prescribed circumstances, with the
prior approval of the Treasurer, waive in whole or part
page 18
Land Administration Amendment Bill 2000
s. 20
the payment of the relevant amount referred to in
subsection (4)(b)(i) or (ii), subject to such conditions as
the Minister determines.
".
5 20. Section 80 amended
(1) Section 80(4) is amended by deleting "the Minister must, on
payment to him or her of the full purchase price, transfer that
Crown land in fee simple to that lessee." and inserting instead --
"
10 the Minister must transfer that Crown land in fee
simple to that lessee --
(c) if a purchase price was fixed when the
conditional purchase lease was granted, on
payment to him or her of the full purchase
15 price, whether or not paid by rental that the
conditional purchase lease provides or the
Minister agrees may be offset against the
purchase price, together with any other
outstanding rental or outstanding interest as the
20 Minister may require the lessee to pay before
the Crown land is transferred to the lessee; or
(d) if a purchase price was not fixed when the
conditional purchase lease was granted, on
payment to him or her of the full purchase price,
25 which price is to be fixed by the Minister or
calculated in accordance with the terms of the
conditional purchase lease, together with any
other outstanding rental or outstanding interest as
the Minister may require the lessee to pay before
30 the Crown land is transferred to the lessee.
".
page 19
Land Administration Amendment Bill 2000
s. 21
(2) Section 80(5) is repealed and the following subsections are
inserted instead --
"
(5) In determining whether under subsection (4)(c) or (d)
5 the full purchase price has been paid, the Minister is to
offset against the price fixed by him or her or
calculated in accordance with the terms of the
conditional purchase lease any rental payment that the
conditional purchase lease provides or the Minister
10 agrees may be offset against the purchase price.
(6) If the lease is mortgaged, is affected by another interest or
is subject to a caveat and the lessee, during the
continuance of the mortgage, other interest or caveat,
becomes entitled under subsection (4), the mortgage,
15 other interest or caveat is by operation of this subsection
transferred to the fee simple and applies to the fee simple
when transferred in all respects as if the fee simple had
been referred to in the mortgage, other interest or caveat
and has the same effect in respect of the fee simple as if it
20 were a mortgage, other interest or caveat under the TLA.
".
21. Section 89 amended
(1) Section 89(4) is amended by inserting after "caveat" where it
last occurs --
25 "
and has the same effect in respect of the fee simple as if it
were a mortgage, other interest or caveat under the TLA
".
(2) Section 89(5) and (6) are repealed.
30 22. Section 93 amended
(1) Section 93 is amended in paragraph (a) of the definition of
"pastoral purposes" by inserting after "grazing of " --
" authorised ".
page 20
Land Administration Amendment Bill 2000
s. 23
(2) Section 93 is amended in paragraph (b) of the definition of
"pastoral purposes" by inserting after "grazing of " --
" authorised ".
(3) Section 93 is amended by inserting, in the appropriate
5 alphabetical positions, the following definitions --
"
"authorised stock" means stock, or its produce, that is
prescribed;
"prohibited stock" means stock, or its produce, other
10 than authorised stock;
".
23. Section 97 amended
(1) Section 97(1)(a) is amended by deleting "(in this section called
"industry members")".
15 (2) After section 97(1) the following subsection is inserted --
"
(1a) In this section the chairperson and the members
referred to in subsection (1)(a), (d), and (e) are called
the "appointed members".
20 ".
(3) Section 97(2) is amended by deleting "member appointed by
him or her" and inserting instead --
" appointed member ".
(4) Section 97(4) is amended by deleting "A member appointed by
25 the Minister" and inserting instead --
" An appointed member ".
(5) Section 97(5) is amended by deleting "a member or deputy
appointed by him or her" and inserting instead --
" an appointed member or deputy ".
page 21
Land Administration Amendment Bill 2000
s. 24
(6) Section 97(7) is amended by deleting "industry" and inserting
instead --
" appointed ".
(7) Section 97(8) is amended by deleting "industry" and inserting
5 instead --
" appointed ".
(8) Section 97(9) is amended by deleting "industry" and inserting
instead --
" appointed ".
10 24. Section 101 amended
Section 101(5) is amended as follows:
(a) in paragraph (a) by inserting after "carrying sufficient" --
" authorised ";
(b) after paragraph (a) by deleting "or";
15 (c) after paragraph (b) by deleting the full stop and inserting
instead --
"
; or
(c) the lease is to become, together with an
20 adjoining pastoral lease or part of an adjoining
pastoral lease, a pastoral business unit under
section 142A, the creation of which has been
approved under section 142A(1).
".
25 25. Section 106 amended
(1) Section 106(2) is amended by deleting "or 122" and inserting
instead --
" , 122 or 122A ".
page 22
Land Administration Amendment Bill 2000
s. 26
(2) After section 106(2) the following subsection is inserted --
"
(3) An offence is not committed under subsection (1) by a
pastoral lessee in respect of purposes referred to in
5 paragraph (b) or (c) of the definition of "pastoral
purposes" referred to in section 93 (an "ancillary
purpose") if --
(a) a permit would otherwise be required in respect
of that ancillary purpose;
10 (b) a permit has been issued under Division 5; and
(c) the pastoral lessee has acted in accordance with
that permit.
".
26. Section 108 amended
15 After section 108(5) the following subsection is inserted --
"
(6) In subsection (2) --
"stock" means --
(a) authorised stock; and
20 (b) stock for which a permit has been issued
under section 122A.
".
27. Section 111 amended
After section 111(3) the following subsections are inserted --
25 "
(4) A pastoral lessee must not --
(a) keep prohibited stock on land under a pastoral
lease; or
(b) sell prohibited stock,
30 except in accordance with a permit to do so issued
under Division 5.
Penalty: $10 000.
page 23
Land Administration Amendment Bill 2000
s. 28
(5) If stock being kept on a pastoral lease by a pastoral
lessee on the commencement day is prohibited stock,
subsection (4) does not apply to that person until
6 months after the commencement day.
5 (6) If stock being kept on a pastoral lease by a pastoral
lessee becomes prohibited stock after the
commencement day, subsection (4) does not apply to
that person until 6 months after the day on which the
stock became prohibited stock or such other period as
10 may be prescribed but which period is not to be less
than one month.
(7) In subsection (1) --
"stock" means --
(a) authorised stock; and
15 (b) stock for which a permit has been issued
under section 122A.
(8) In subsections (5) and (6) --
"commencement day" means the day on which
section 27 of the Land Administration Amendment
20 Act 2000 comes into operation.
".
28. Section 112 amended
Section 112(1) is amended by inserting after "section 111" --
" and the operation of any permit issued under Division 5 ".
25 29. Section 113 amended
After section 113(3) the following subsection is inserted --
"
(4) In subsection (2) --
"stock" means --
30 (a) authorised stock; and
page 24
Land Administration Amendment Bill 2000
s. 30
(b) stock for which a permit has been issued
under section 122A.
".
30. Section 114 amended
5 After section 114(4) the following subsection is inserted --
"
(4a) Despite subsection (4) and section 143(5a) or (6c) --
(a) if the Minister is not satisfied that the land
subsisting in a lease is capable, when fully
10 developed, of carrying sufficient authorised
stock to enable it to be worked as an
economically viable and ecologically
sustainable pastoral business unit;
(b) the land subsisting in the lease is a part only of
15 the land that was in the lease when it was
granted;
(c) the lease is not to be amalgamated with an
adjoining pastoral lease; and
(d) the lease is not to become, together with an
20 adjoining pastoral lease or part of an adjoining
pastoral lease, a pastoral business unit,
the Minister may by order cancel a grant or extension
of a lease in relation to that land that is to commence
immediately upon the expiration of the lease
25 concerned, and the lessee is entitled to receive from the
Minister as compensation an amount determined by the
Valuer-General to be the market value on the date of
cancellation of any lawful improvements existing on
the land subsisting under the lease.
30 ".
page 25
Land Administration Amendment Bill 2000
s. 31
31. Section 122A inserted
After section 122 the following section is inserted in
Division 5 --
"
5 122A. Permits to keep or sell prohibited stock
(1) The Board may, on an application in writing from a
pastoral lessee, issue a permit for the lessee to do either
or both of the following --
(a) keep prohibited stock on land under a pastoral
10 lease;
(b) sell prohibited stock.
(2) A permit under this section --
(a) may include a permit for the sale of any
produce arising from an activity permitted; and
15 (b) may be issued for any period and subject to any
conditions the Board thinks fit.
".
32. Section 129 amended
(1) Section 129(1) is amended after paragraph (c) by deleting "or"
20 and inserting --
"
(ca) a condition of a permit issued in respect of the
lease; or
".
25 (2) Section 129(2) is amended as follows:
(a) by inserting after "A default notice" --
" issued under subsection (1) ";
(b) in paragraph (f) by inserting after "result in" --
" a fine, ";
30 (c) in paragraph (f) by inserting after "lease" --
" , or both ".
page 26
Land Administration Amendment Bill 2000
s. 33
33. Section 130 replaced
Section 130 is repealed and the following section is inserted
instead --
"
5 130. Offence of failure to comply with a default notice
If a default notice is issued under section 129(1)(a), (b),
(c) or (ca), a pastoral lessee who fails to comply with
the default notice commits an offence.
Penalty: $50 000, and a daily penalty of $1 000.
10 ".
34. Section 131 replaced
Section 131 is repealed and the following section is inserted
instead --
"
15 131. Minister may issue forfeiture notice
If the Minister is satisfied that a pastoral lessee has
failed to comply with --
(a) a provision of this Act;
(b) a provision of the lease;
20 (c) a condition set or determination made by the
Board under this Part; or
(d) a condition of a permit issued in respect of the
lease,
the lease is liable to forfeiture under section 35 as if
25 that failure to comply were the breach of a condition or
covenant referred to in that section.
".
35. Section 132 amended
(1) Section 132 is amended by inserting before "The" the
30 subsection designation "(1)".
page 27
Land Administration Amendment Bill 2000
s. 36
(2) At the end of section 132 by inserting the following subsection
is inserted --
"
(2) The liability of any person to the forfeiture of a
5 pastoral lease is not affected by the imposition of a
penalty for an offence in relation to a matter to which
the liability to forfeiture related.
".
36. Section 134 amended
10 (1) Section 134(4) is amended as follows:
(a) in paragraph (a) by inserting after "carrying
sufficient" --
" authorised ";
(b) after paragraph (a) by deleting "or";
15 (c) after paragraph (b) by deleting the full stop and inserting
instead --
"
; or
(c) if a part is not so capable -- the lease will be
20 divided and that part, together with an
adjoining pastoral lease or part of an adjoining
pastoral lease, will become a pastoral business
unit under section 142A, the creation of which
has been approved under that section.
25 ".
(2) After section 134(4) the following subsections are inserted --
"
(4a) If a division of a lease takes place under
subsection (4)(a) --
30 (a) subject to subsection (8), each part of the land
under the lease that was divided is to be held on
the same conditions, including the term of the
lease, as it was held before the division;
page 28
Land Administration Amendment Bill 2000
s. 36
(b) the provisions of this Act continue to apply in
relation to each part of the land under the lease
that was divided, as if the land in each part
subsists in the lease and the lease is a lease
5 solely of that land; and
(c) without limiting paragraph (b), section 143(6)
to (6i) apply in relation to each part of the land
under the lease that was divided, as if the land
in each part subsists in the lease and the lease is
10 a lease solely of that land.
(4b) If a division of a lease takes place under
subsection (4)(c) --
(a) subject to subsection (8), the land remaining in
the lease that was divided and any land in the
15 lease that was divided and included in a
pastoral business unit under section 142A are to
be held on the same conditions, including the
term of the lease, as the land was held before
the division;
20 (b) the provisions of this Act continue to apply --
(i) in relation to the land remaining in the
lease that was divided, as if that land
subsists in the lease and the lease is a
lease solely of that land; and
25 (ii) in relation to any land in the lease that
was divided and included in a pastoral
business unit under section 142A, as if
the land subsists in the lease and the
lease is a lease solely of that land;
30 and
(c) without limiting paragraph (b), section 143(6)
to (6i) apply --
(i) in relation to the land remaining in the
lease that was divided, as if that land
page 29
Land Administration Amendment Bill 2000
s. 37
subsists in the lease and the lease is a
lease solely of that land; and
(ii) in relation to any land in the lease that
was divided and included in a pastoral
5 business unit under section 142A, as if
the land subsists in the lease and the
lease is a lease solely of that land.
".
(3) After section 134(7) the following subsection is inserted --
10 "
(8) If a transfer results in the effective division of the land
under a lease into parts with different lessees, the
annual rent for the lease is to be apportioned between
the parts of the lease in proportion to the area of each
15 part.
".
37. Section 142A inserted
After section 142 the following section is inserted --
"
20 142A. Creation of pastoral business unit
(1) If --
(a) a pastoral lease granted under section 101(1) or
a pastoral lease or a part of a lease the transfer
of which was approved under section 134(4)(c)
25 and an adjoining lease are held by the same
lessees; and
(b) the lessees hold the same proportionate share of
each lease or part of a lease,
the Minister may in writing approve the creation of a
30 pastoral business unit comprising those leases or parts
of leases and specify the name of the pastoral business
unit.
page 30
Land Administration Amendment Bill 2000
s. 37
(2) If the Minister gives approval under subsection (1), the
Minister is to lodge a memorial in an approved form
with the Registrar in respect of each lease or part of a
lease comprising the pastoral business unit stating that
5 the lease or part of a lease is part of the pastoral
business unit and the name of the pastoral business
unit.
(3) The Minister may in writing approve a variation of the
leases or parts of leases comprising a pastoral business
10 unit and, if he or she does so, is to --
(a) lodge a memorial under subsection (2) in
relation to any lease or part of a lease which has
been added to a pastoral business unit; or
(b) withdraw a memorial under subsection (2) in
15 relation to any lease or part of a lease which has
ceased to be part of a pastoral business unit.
(4) If a memorial is lodged or withdrawn under
subsection (2) or (3), the Registrar is to endorse on
each certificate of Crown land title, or qualified
20 certificate of Crown land title, subject to the lease
referred to in the memorial particulars of the memorial
or of a variation or withdrawal of a memorial.
(5) If a memorial is lodged under subsection (2),
sections 134 and 136 apply to all of the leases or parts
25 of leases comprising the pastoral business unit so long
as the leases or parts of leases are part of the pastoral
business unit as if a reference in those sections to a
lease were a reference to all of the leases or parts of
leases comprising the pastoral business unit.
30 (6) The Minister may in a memorial lodged under
subsection (2), declare that the provisions of Part 7, or
any of those provisions, apply to all of the leases or
parts of leases comprising the pastoral business unit so
long as the leases or parts of leases are part of the
page 31
Land Administration Amendment Bill 2000
s. 38
pastoral business unit as if a reference in those sections
to a lease were a reference to all of the leases or parts
of leases comprising the pastoral business unit.
(7) The Minister may in a memorial in an approved form
5 vary a memorial lodged under subsection (2) and is to
lodge such a memorial with the Registrar.
(8) If a memorial is lodged under subsection (7), the
Registrar is to endorse on each certificate of Crown
land title, or qualified certificate of Crown land title,
10 subject to the lease referred to in the memorial
particulars of the memorial.
".
38. Section 143 amended
(1) After section 143(5) the following subsection is inserted --
15 "
(5a) If an application is disposed of under section 98(11) of
the repealed Act either before or after the appointed
day by the lessee accepting the offer of a lease or an
extension of a lease, as the case may be, the grant or
20 extension commences immediately upon the expiration
of the lease concerned in relation to any land subsisting
in the lease at the expiration of the lease.
".
(2) Section 143(6) is repealed and the following subsections are
25 inserted instead --
"
(6) If a lessee of a pastoral lease --
(a) was entitled under section 98(11)(a) of the
repealed Act to make an application at any time
30 during 1995 but did not do so; or
page 32
Land Administration Amendment Bill 2000
s. 38
(b) was granted the lease between 1 January 1996
and 29 March 1998 (both inclusive),
the Minister may --
(c) treat that lessee or the successor in title as if he
5 or she had made an application under that
section (the "deemed application"); and
(d) consider and determine the matters referred to
in section 98(11)(a) of the repealed Act in
relation to the deemed application and give the
10 lessee or the successor in title notice in writing
of his or her decision not later than the day that
is one year after the day on which section 38 of
the Land Administration Amendment Act 2000
comes into operation or such other day as is
15 prescribed.
(6a) A notice given to a lessee or a successor in title under
subsection (6)(d) is deemed to be an offer of a lease or
an extension of a lease, as the case may be, at the rent
and on the other terms and conditions specified in the
20 notice.
(6b) The lessee or the successor in title may accept the offer
referred to in subsection (6a) on or before the day
specified in the notice, which day is not to be less than
one year after the day on which the notice is given.
25 (6c) Subject to subsection (6g), if the lessee or the successor
in title accepts the offer of a lease or an extension of a
lease, as the case may be, under subsection (6a), the
grant or extension commences immediately upon the
expiration of the lease concerned in relation to any land
30 subsisting in the lease at the expiration of the lease.
(6d) The Minister may for a public purpose exclude land
from a lease granted or extended under subsection (6c)
by giving a notice in writing under subsection (6e) to
the lessee or successor in title to the lease not later than
page 33
Land Administration Amendment Bill 2000
s. 38
2 years after the day on which section 38 of the Land
Administration Amendment Act 2000 comes into
operation.
(6e) The notice under subsection (6d) is to contain the
5 following information --
(a) a description of the area of land to be excluded
from the lease;
(b) the reason for the land being excluded from the
lease;
10 (c) any reduction in the rent payable under the
lease as a result of the exclusion of the land
from the lease;
(d) any proposed variation in the conditions of the
lease as a result of the exclusion of the land
15 from the lease; and
(e) that the land is to be excluded from the lease or
extension concerned upon the commencement
of the lease or extension, as the case may be.
(6f) If a lessee is given a notice under subsection (6d) the
20 lessee may --
(a) accept the conditions contained in the notice;
(b) withdraw from the lease; or
(c) enter into negotiations with the Minister on the
area to be excluded from the lease or the rent to
25 be paid as a result of the exclusion of the land
from the lease.
(6g) If agreement is not reached on the matters referred to in
subsection (6f)(c) by the day that is 2 years, or such
longer period as may be prescribed, after the day on
30 which the notice was given to the lessee (the "final
day"), the lessee is to be regarded as having withdrawn
from the agreement to lease or to extend the lease on
the final day.
page 34
Land Administration Amendment Bill 2000
s. 39
(6h) If land is not to be excluded from a lease granted or
extended under subsection (6c) for a public purpose,
the Minister may give notice in writing to that effect to
the lessee not later than 2 years after the day on which
5 section 38 of the Land Administration Amendment
Act 2000 comes into operation.
(6i) If a notice is not given by the day specified in
subsection (6d) no land may be excluded from the lease
under that subsection.
10 ".
(3) Section 143(7) and (8) are repealed.
(4) After section 143(9) the following subsection is inserted --
"
(10) In this section --
15 "public purpose" means for the purpose of a public
work within the definition of the expression
"public work" in the Public Works Act 1902,
conservation, a national park, a nature reserve or a
purpose which serves or is intended to serve the
20 interests of the public or a section of the public.
".
39. Section 144 amended
(1) Section 144(1)(a) is amended by deleting "for any purpose" and
inserting instead --
25 "
for a specified purpose or any other purpose the
Minister thinks fit
".
(2) After section 144(2) the following subsection is inserted --
30 "
(2a) An easement may be granted under this section despite
the fact that the characteristics of the easement do not
page 35
Land Administration Amendment Bill 2000
s. 40
satisfy all of the characteristics that must be satisfied
for an easement to be created under the common law.
".
(3) After section 144(3) the following subsection is inserted --
5 "
(4) In this section --
"specified purpose" means for --
(a) the provision of pipes, conduits, cables,
transmission lines, and other services;
10 (b) the provision of any structure, plant, or
equipment;
(c) the provision of access for carrying out of
any works and the performance of any
maintenance that is necessary for, or
15 ancillary or incidental to, giving effect to any
of the purposes referred to in paragraph (a)
or (b); or
(d) a prescribed purpose.
".
20 40. Section 151 amended
Section 151(1) is amended in the definition "acquiring
authority" by deleting "to take interests in the land under this
Part" and inserting instead --
" to undertake, construct or provide any public work ".
25 41. Section 159 amended
Section 159 is amended as follows:
(a) in paragraph (c) by deleting "Electricity Corporation
Act 1994" and inserting instead --
" Energy Operators (Powers) Act 1979 ";
page 36
Land Administration Amendment Bill 2000
s. 42
(b) by deleting paragraph (d) and inserting the following
paragraph instead --
"
(d) the Minister responsible for administering the
5 Government Railways Act 1904;
".
42. Section 160 amended
Section 160(1) is amended as follows:
(a) in paragraph (c) by inserting after "that corporation" --
10 "
or to the Gas Corporation established by the
Gas Corporation Act 1994 or to an officer of
that corporation, as the case requires
";
15 (b) by deleting paragraph (d) and inserting the following
paragraph instead --
"
(d) in the case of the Minister referred to in
section 159(d), to the Commission within the
20 meaning of the Government Railways Act 1904
or to any officer of the Commission within the
meaning of that Act;
";
(c) in paragraph (e) by deleting "Authority" in both places
25 where it occurs and inserting instead --
" Commission or Corporation ".
43. Section 165 amended
(1) Section 165(2) is amended by deleting "this section" and
inserting instead --
30 " subsection (1) or (4) ".
page 37
Land Administration Amendment Bill 2000
s. 44
(2) After section 165(3) the following subsection is inserted --
"
(4) The Minister may by order --
(a) revoke or amend an order made under
5 subsection (1); or
(b) revoke an order made under subsection (1) and
replace it with another order.
".
44. Section 275 amended
10 (1) Section 275(1) is amended as follows:
(a) after paragraph (g) by deleting "and";
(b) after paragraph (h) by deleting the full stop and
inserting --
"
15 ; and
(i) amending or supplementing, with effect from a
time which is not earlier than the appointed
day, the provisions set out in Schedule 3 for the
purpose of providing an effective and efficient
20 transition of the matters referred to in those
provisions to the operation of this Act.
".
(2) After section 275(2) the following subsection is inserted --
"
25 (3) Subsection (1)(i) expires 5 years after section 44 of the
Land Administration Amendment Act 2000
commences.
".
page 38
Land Administration Amendment Bill 2000
s. 45
45. Part 13 inserted
After section 282 the following Part is inserted --
"
Part 13 -- Transitional related to pre-Land
5 Act 1933 Crown grants, Crown reserves, and
Crown leases
283. Interpretation
In this Part --
"pre-1933 legislation" means the Land Act 1898 or an
10 Act or regulation repealed by section 2 of the
Land Act 1898 or section 4 of the Land Act 1933.
284. Pre-1933 legislation transitional
The transitional provisions set out in Schedule 3 have
effect in relation to pre-1933 legislation.
15 ".
46. Schedule 2 amended
(1) After clause 16(1) to Schedule 2 the following
subclauses are inserted --
"
20 (1a) If, before the appointed day, a vesting order that subsists
under subclause (1) as if it were an order made under
section 46(3) did not require the Governor's or Minister's
consent to dealings in interests in land the subject of the
order, the Minister's approval to dealings in the land under
25 section 18 is not required.
(1b) Any dealing before the coming into operation of section 46
of the Land Administration Amendment Act 2000 in an
interest in land the subject of an order referred to in
subsection (1a) is taken to be, and always to have been, as
30 valid and effective as it would have been if done with the
Minister's approval.
".
page 39
Land Administration Amendment Bill 2000
s. 46
(2) Clause 16(2) to Schedule 2 is amended by deleting "Any" and
inserting instead --
" Subject to subclause (2a), any ".
(3) Clause 16(2) to Schedule 2 is amended by deleting
5 "section 33(3)(a)" and inserting instead --
" section 33(2) ".
(4) After clause 16(2) to Schedule 2 the following subclauses are
inserted --
"
10 (2a) Any lease granted in compliance with a direction referred to
in section 33(2) of the repealed Act and subsisting
immediately before the appointed day which is in respect of
land comprising the whole or a part of the land in a reserve
that has been cancelled continues to subsist subject to this
15 Act, and is taken to have so continued to subsist on and
from the appointed day, as if that lease were a lease
continued under section 22 of this Act.
(2b) Any lease granted in compliance with a direction referred to
in section 33(3)(a) of the repealed Act and subsisting
20 immediately before the appointed day continues to subsist
subject to this Act, and is taken to have so continued to
subsist on and from the appointed day, as if that lease were a
lease granted under section 47 of this Act.
(2c) If --
25 (a) a lease granted in compliance with a direction
referred to in section 33(3)(a) of the repealed Act;
or
(b) a sublease made in compliance with a consent
referred to in section 33(3a) of the repealed Act,
30 subsisting immediately before the appointed day is subject
to a condition or limitation that required the Governor's
consent or approval that condition or limitation is to be
taken instead to be a condition or limitation under which the
consent or approval of the Minister is required.
page 40
Land Administration Amendment Bill 2000
s. 46
(2d) Any consent or approval referred to in subclause (2c) given
before the coming into operation of section 46 of the Land
Administration Amendment Act 2000 by the Minister is
taken to be, and always to have been, as valid and effective
5 as it would have been if given by the Governor.
".
(5) Clause 16(3) to Schedule 2 is amended as follows:
(a) by deleting "referred to in section 46(3) of this Act" and
inserting instead --
10 " referred to in section 47 of this Act ";
(b) by deleting "section 46(3) of ".
(6) After clause 17(2) to Schedule 2 the following subclauses are
inserted --
"
15 (3) On and from the appointed day any condition referred to in
subclause (1)(a) under which the Governor's consent is
required is taken instead to be a condition under which the
consent of the Minister is required.
(4) Any consent referred to in subclause (3) given before the
20 coming into operation of section 46 of the Land
Administration Amendment Act 2000 by the Minister is
taken to be, and always to have been as, valid and effective
as it would have been if given by the Governor.
(5) If land in fee simple granted within the meaning of
25 subclause (1) has a classification of Class A under
section 31 of the repealed Act the land is, and is taken since
the appointed day to have been, land that may be dealt with
in the same manner as if it were a Class A reserve under
Part 4 of this Act.
30 (6) If land in fee simple granted within the meaning of
subclause (1) has a classification under section 31 of the
repealed Act as a reserve other than as a Class A reserve,
that reservation is taken to have been cancelled on and from
the appointed day.
35 ".
page 41
Land Administration Amendment Bill 2000
s. 47
47. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted --
"
Schedule 3 -- Crown grants, Crown reserves, and
5 Crown leases made or created before the
Land Act 1933
[s. 284]
1. Interpretation
In this Schedule, unless the contrary intention appears --
10 "land reserved" means land reserved under the
Land Act 1898 or an Act or regulation repealed by
section 2 of the Land Act 1898 or by section 4 of the
Land Act 1933 and remaining so reserved immediately
before the appointed day;
15 "pre-1933 legislation" has the same definition as it has in
section 283.
2. Crown grants made before the Land Act 1933
(1) A Crown grant conveying to the grantee a portion of Crown
land in fee simple of any reserve granted under pre-1933
20 legislation and subsisting immediately before the appointed
day is to be taken to be land transferred in fee simple subject
to conditions referred to in section 75(1) of this Act but
subject to --
(a) the same conditions and with the same purpose as
25 the fee simple so granted except that any condition
under which the consent of the Governor is required
is taken instead to be a condition under which the
consent of the Minister is required; and
(b) any mortgage effected with the consent of the
30 Governor before the appointed day.
(2) If the land subject to a fee simple granted within the
meaning of subclause (1) was before the appointed day
page 42
Land Administration Amendment Bill 2000
s. 47
mortgaged with the consent of the Governor and, after that
land has become land transferred in fee simple subject to
conditions under that subclause, the mortgagee completes
the exercise of the power of sale or foreclosure under that
5 mortgage, that land is by virtue of this subclause freed from
the conditions and the purpose referred to in that subclause.
(3) If land in fee simple granted within the meaning of
subclause (1) has a classification of Class A under section 2(1)
of the Permanent Reserves Act 1899 the land is to be taken to
10 be, and to have been on and from the appointed day, land that
may be dealt with in the same manner as if it were a class A
reserve under Part 4 of this Act.
(4) If land in fee simple granted within the meaning of
subclause (1) has a classification under section 2(2) or (3) of
15 the Permanent Reserves Act 1899 as a reserve other than as
a Class A reserve that reservation is taken to have been
cancelled on and from the appointed day.
3. Crown reserves created before the Land Act 1933
(1) Any land reserved is to be taken to be land reserved under
20 section 41 of this Act.
(2) Any land reserved that was classified as a Class A reserve
and remained so classified immediately before the appointed
day is to be taken to be, and to have been on and from the
appointed day, a class A reserve.
25 (3) Any land reserved that was classified as a Class B reserve
and remained so classified immediately before the appointed
day is to be taken to be, and to have been on and from the
appointed day, a Class B reserve under section 31 of the
repealed Act and remains so classified as if the repealed Act
30 had not been repealed until that reserve ceases to be so
classified, or is cancelled, in accordance with the repealed
Act.
(4) For the purposes of subclause (3), section 31(2) of the
repealed Act is to be construed as if that section --
35 (a) enabled the Minister to cancel a reserve referred to
in that subclause by order made under this Act; and
page 43
Land Administration Amendment Bill 2000
s. 47
(b) required the Minister to present a special report
under the proviso to that section following that
cancellation.
(5) Any land reserved that was classified as a Class C reserve
5 and remained so classified immediately before the appointed
day is to be treated as a reserve, but not an A class reserve,
within the meaning of this Act.
(6) A vesting order made under section 42 of the Land Act 1898
and subsisting immediately before the appointed day
10 continues, subject to this Act, to subsist, and is taken to have
continued to so subsist on and from the appointed day, as if
that order were a management order or an order made under
section 46(3) or 59(5), as the case requires, of this Act.
(7) If, before the appointed day, a vesting order that subsists
15 under subclause (6) as if it were an order made under
section 46(3) did not require the Governor's consent to
dealings in interests in the land the subject of the order, the
Minister's approval to dealings in the land under section 18
is not required.
20 (8) An order made under section 43 of the Land Act 1898 and
subsisting immediately before the appointed day continues,
subject to this Act, to subsist, and is taken to have continued
to so subsist on and from the appointed day, as if that order
were a management order.
25 (9) Where under an Order in Council made under section 43 of
the Land Act 1898 a board of management has power to
make, repeal and alter by-laws for the control and
management of a reserve --
(a) any such by-laws in force before the appointed day
30 continue in force until repealed under this subclause
or until the management order is revoked under
section 50, whichever first occurs; and
(b) the board of management having control of the
reserve may make, repeal, or alter by-laws in
35 relation to the reserve as if, and with effect as if,
section 43 of the Land Act 1898 had not been
repealed.
page 44
Land Administration Amendment Bill 2000
s. 48
4. Leases granted under the Land Act 1898
(1) Any lease for 999 years granted under section 42 of the
Land Act 1898 and subsisting immediately before the
appointed day is to be taken to be and to have been on and
5 from the appointed day a lease granted under section 47 of
this Act for the balance of its unexpired term, except that
any condition in the lease under which the consent of the
Governor is required is to be taken to be a condition under
which the consent of the Minister is required.
10 (2) Any consent referred to in subclause (1) given before the
coming into operation of section 47 of the Land
Administration Amendment Act 2000 by the Minister is
taken to be, and always to have been, as valid and effective
as it would have been if given with the Governor's consent.
15 5. Other leases granted under pre-1933 legislation
(1) A lease of land or a part of the land in a reserve granted
under pre-1933 legislation subsisting immediately before the
appointed day is to be taken to be and to have been on and
from the appointed day a lease granted under section 47,
20 except that any condition in the lease under which the
consent of the Governor is required is to be taken to be a
condition under which the consent of the Minister is
required.
(2) Any consent referred to in subclause (1) given before the
25 coming into operation of section 47 of the Land
Administration Amendment Act 2000 by the Minister is
taken to be, and always to have been, as valid and effective
as it would have been if given with the Governor's consent.
".
30 48. Validation of certain purported offers of leases
(1) If a lessee of a pastoral lease or a former lessee of a pastoral
lease --
(a) was given a notice under section 98(11) of the
Land Act 1933; or
page 45
Land Administration Amendment Bill 2000
s. 48
(b) was, after 31 December 1995 and before the coming into
operation of the Land Administration Act 1997, given
notice in writing by the Minister that the Minister would
upon the expiration of the pastoral lease extend that
5 lease or grant to the lessee a new lease of the whole or
part of the land the subject of that lease,
then --
(c) that notice is deemed to be, and always to have been, a
valid and effective offer of a lease or an extension of a
10 lease, as the case may be;
(d) any acceptance of that offer by the lessee is deemed to
be and, in the case of an offer accepted before the
coming into operation of this section, always to have
been valid and effective; and
15 (e) any lease or extension of a lease arising from an offer
and acceptance referred to in paragraphs (c) and (d) is
deemed to be and always to have been valid and
effective.
(2) Without limiting the effect of subsection (1) --
20 (a) the offer is deemed to have been made to the person
who at the time the notice was given was the lessee of
the lease in respect of which the notice was given;
(b) if the offer was made in relation to a lease by reference to
the name of a station and not by reference to the location
25 details of the land contained in the lease or the registered
number of the lease under the Transfer of Land Act 1893,
the offer is deemed to have been made in relation to the
land contained in the registered lease applicable to that
station at the time the notice was given;
30 (c) if the offer was for a lease or an extension of the lease,
the term of the lease or the extension offered is to be for
the same term as the term of the existing pastoral lease;
(d) the annual rent payable for the lease or extension of a
lease, as the case may be, is to be and is taken always to
page 46
Land Administration Amendment Bill 2000
s. 48
have been determined under section 123 of the
Land Administration Act 1997;
(e) the offer is to be regarded as being accepted in relation
to the land contained in the existing pastoral lease at the
5 time the offer is accepted (other than any land excluded
under subsections (3) to (6)); and
(f) unless otherwise provided in this subsection, the text
and terms and conditions of the lease or extension of the
lease are the terms and conditions specified in the notice
10 given to the lessee.
(3) The Minister may for a public purpose exclude land from a
lease or extension of lease referred to in subsection (1) by
giving a notice in writing under subsection (4) to the lessee, or
the successor in title to the lessee, (the "lessee") not later than
15 2 years after the day on which this section comes into operation.
(4) The notice under subsection (3) is to contain the following
information --
(a) a description of the area of land to be excluded from the
lease;
20 (b) the reason for the land being excluded from the lease;
(c) any reduction in the rent payable under the lease as a
result of the exclusion of the land from the lease;
(d) any proposed variation in the conditions of the lease as a
result of the exclusion of the land from the lease; and
25 (e) that the land is to be excluded from the lease or
extension concerned upon the commencement of the
lease or extension, as the case may be.
(5) If a lessee is given a notice under subsection (4) the lessee
may --
30 (a) accept the conditions contained in the notice;
(b) withdraw from the agreement to lease or to extend the
lease; or
page 47
Land Administration Amendment Bill 2000
s. 49
(c) enter into negotiations with the Minister on the area to
be excluded from the lease or the rent to be paid as a
result of the exclusion of the land from the lease.
(6) If agreement is not reached on the matters referred to in
5 subsection (5)(c) by the day that is 2 years, or such other longer
period as may, for the purposes of this section, be prescribed
under the Land Administration Act 1997, after the day on which
the notice was given to the lessee (the "final day"), the lessee is
deemed to have withdrawn from the agreement to lease or to
10 extend the lease on the final day.
(7) If land is not to be excluded from a lease or extension of a lease
referred to in subsection (1) for a public purpose under this
section, the Minister may give notice in writing to that effect to
the lessee not later than 2 years after the day on which this
15 section comes into operation.
(8) If a notice is not given by the day specified in subsection (3) no
land may be excluded from the lease under that subsection.
(9) In this section --
"existing pastoral lease" means a pastoral lease subsisting under
20 the Land Act 1933 immediately before the appointed day as
defined in section 3(1) of the Land Administration Act 1997;
"public purpose" has the same definition as it has in
section 143(10) of the Land Administration Act 1997.
49. Pastoral leases: extension of period for acceptance of offer
25 If --
(a) a notice has been given, or purported to be given, under
section 98(11) of the Land Act 1933; and
(b) the offer or purported offer has not been accepted under
section 98(11)(c) of the Land Act 1933,
30 the lessee, or the successor in title to the lessee, may accept the
offer not later than the day that is 12 months after the day on
which this section comes into operation or such other day as
page 48
Land Administration Amendment Bill 2000
s. 50
may, for the purposes of this section, be prescribed under the
Land Administration Act 1997.
50. Offers in relation to certain leases
If a person is given a notice under section 143(6)(d) of the
5 Land Administration Act 1997 then the notice is a valid and
effective offer of a lease or an extension of the lease, as the case
may be, despite --
(a) the fact that the person to whom the notice was given
was not the lessee at the time the notice was given;
10 (b) the fact that the offer was made in relation to a lease by
reference to the name of a station and not by reference to
the certificate of Crown land title, qualified certificate of
Crown land title or other location details of the land
contained in the lease or the registered number of the
15 lease under the Transfer of Land Act 1893, in which
case the offer is deemed to have been made in relation to
the land contained in the registered lease applicable to
that station at the time the notice was given;
(c) the fact that the offer of a lease or an extension of the
20 lease did not state the term of the lease or extension or
was not for the same term as the term of the existing
pastoral lease, in which case the term of the lease or
extension of lease is deemed to have been made for the
same term as the term of the existing pastoral lease;
25 (d) the notice stating that rent reviews during the lease or
the extension of the lease are to be under section 123(4)
of the Land Administration Act 1997, in which case the
annual rent payable for the lease or extension of a lease,
as the case may be, is to be and is taken always to have
30 been determined under section 123 of the Land
Administration Act 1997; and
(e) the notice not stating that the land the subject of the
offer is the land contained in the existing pastoral lease
other than any land excluded under section 143(6d)
page 49
Land Administration Amendment Bill 2000
s. 51
to (6i), in which case the offer is to be regarded as being
accepted in relation to the land contained in the existing
pastoral lease at the time the offer is accepted (other
than any land excluded under those subsections),
5 and, unless otherwise provided in this subsection, the text and
terms and conditions of the lease or extension of the lease are
the terms and conditions specified in the notice given to the
lessee.
51. Consequential amendments
10 The Acts specified in Schedule 1 are amended as set out in that
Schedule.
52. Reserve No. 1667
(1) Reserve No. 1667 in the City of Nedlands, classified as a
class A reserve, comprising 8.2005 hectares dedicated to the
15 purpose of an "Old Men's Depot site", is amended, despite
sections 42 and 43 of the Land Administration Act 1997 --
(a) by changing the purpose of the Reserve to "Retirement
village, parks and recreation, community, and ancillary
commercial purposes"; and
20 (b) by excising an area of 1 835 square metres being
Swan Location 13957 as shown on Land Administration
Plan 21181, so that the Reserve comprises
8.0170 hectares being Swan Location 13958 as shown
on Land Administration Plan 21181.
25 (2) The Reserve is taken to have been reserved under section 41 of
the Land Administration Act 1997 for the purpose specified in
subsection (1)(a).
(3) To avoid doubt, it is declared that the land excised from
Reserve No. 1667 under subsection (1)(b) being
30 Swan Location 13957 as shown on Land Administration
Plan 21181 is unallocated Crown land within the meaning of the
Land Administration Act 1997.
page 50
Land Administration Amendment Bill 2000
s. 52
(4) The Minister is to make an order that is to be taken to be an
order made by the Minister under the Land Administration
Act 1997 that --
(a) the purpose of Reserve No. 1667 is changed in the
5 manner referred to in subsection (1)(a); and
(b) the area of 1 835 square metres being
Swan Location 13957 as shown on Land Administration
Plan 21181 excised under subsection (1)(b) is excised
from Reserve No. 1667.
page 51
Land Administration Amendment Bill 2000
Schedule 1 Consequential amendments
Schedule 1 -- Consequential amendments
[s. 51]
1. Sandalwood Act 1929 amended
Section 3(4) of the Sandalwood Act 1929* is amended by deleting
5 "Land Act 1898" and inserting instead --
" Land Administration Act 1997 ".
[* Reprinted as approved 14 July 1971.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p.225.]
10 2. The Kalgoorlie and Boulder Racing Clubs Act 1904 amended
Section 2 of The Kalgoorlie and Boulder Racing Clubs Act 1904* is
amended in the definition of "Minister for Lands" by deleting "Land
Act 1898" and inserting instead --
" Land Administration Act 1997 ".
15 [* Private Act.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p.131.]
3. The Salvation Army (Western Australia) Property Trust Act 1931
amended
20 Section 22 of The Salvation Army (Western Australia) Property Trust
Act 1931* is amended by deleting "Land Act 1898" and inserting
instead --
" Land Administration Act 1997 ".
[* Reprinted as authorised 20 October 1972.
25 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p.225.]
page 52
Land Administration Amendment Bill 2000
Consequential amendments Schedule 1
4. Transfer of Land Act 1893 amended
(1) This clause amends the Transfer of Land Act 1893*.
[* Reprinted as at 23 July 1999.
For subsequent amendments see 1999 Index to Legislation of
5 Western Australia, Table 1, p.256 and Act No 24 of 2000.]
(2) Section 4(1) is amended in the definition of "Encumbrances" after
"land" by inserting --
" , and a dealing that is registered under this Act ".
(3) After section 81D(2) the following subsections are inserted --
10 "
(3) If a lease is divided under section 134(4)(a) of the
Land Administration Act 1997 the Registrar shall --
(a) register, and has power to do all things
necessary to register, the division of the land
15 under the lease and the transfer of each part of
the land under the lease; and
(b) register any other dealing or thing that may be
done in relation to each part of the pastoral
lease,
20 despite anything to the contrary in this Act.
(4) If a lease is divided under section 134(4)(b) of the
Land Administration Act 1997 the Registrar shall --
(a) register and has power to do all things
necessary to register the division of the lease
25 and the amalgamation of part of the land with
the land of an adjoining pastoral lease; and
(b) register any other dealing or thing that may be
done in relation to each part of the pastoral
lease,
30 despite anything to the contrary in this Act.
page 53
Land Administration Amendment Bill 2000
Schedule 1 Consequential amendments
(5) If a lease is divided under section 134(4)(c) of the
Land Administration Act 1997 the Registrar shall --
(a) register, and has power to do all things
necessary to register, the division of the lease
5 and transfer of part of the lease; and
(b) register any other dealing or thing that may be
done in relation to each part of the pastoral
lease,
despite anything to the contrary in this Act.
10 ".
(4) After section 81R the following section is inserted --
"
81RA. Other encumbrances in respect of fee simple in
Crown land
15 (1) In subsection (2) --
"encumbrance" means an encumbrance (as defined in
section 4(1)) that is shown on the transfer or other
document by which the transfer of Crown land in
fee simple is effected.
20 (2) If --
(a) the fee simple in Crown land in respect of
which an encumbrance is registered is
transferred under the Land Administration
Act 1997; and
25 (b) a certificate of title is created and registered in
respect of the fee simple of that former Crown
land,
the encumbrance is by operation of this subsection
transferred to and applies to the fee simple when
30 transferred in all respects as if the fee simple had been
referred to in the encumbrance until that encumbrance
is terminated, withdrawn, discharged, surrendered or
expires.
page 54
Land Administration Amendment Bill 2000
Consequential amendments Schedule 1
(3) This section does not apply to an encumbrance referred
to in section 81Q or 81R.
(4) This section applies to a transfer effected on or after
the coming into operation of the Land Administration
5 Act 1997.
".
(5) Section 81S(1) is amended by inserting after "that dealing" --
"
unless the dealing is one in respect of which the
10 Minister's permission is not required under the
Land Administration Act 1997
".
5. Water Boards Act 1904 amended
Section 3(1) of the Water Boards Act 1904* is amended in the
15 definition of "holding" by deleting "Land Act 1898" and inserting
instead --
" Land Administration Act 1997 ".
[* Reprinted as at 4 November 1996.
For subsequent amendments see 1999 Index to Legislation of
20 Western Australia, Table 1, pp.267-8.]
[Index] [Search] [Download] [Related Items] [Help]