LAND ADMINISTRATION ACT 1997

Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
3A. Location or lot
4. Crown bound
5. Rights to minerals, petroleum, geothermal energy etc., application of Act to
5A. Position on Earth, determining
6. Divisions of State (Sch. 1)
6B. Certain rights of way vested in local governments, status of etc.

PART 2 -- General administration

Division 1 -- General role of Minister

7. Minister for Lands (body corporate), status of etc.
8. International Program, powers as to; International Program Trust Account
9. Delegation by Minister
10. General powers of Minister in relation to land
11. Minister may acquire land in the public interest
11A. Minister may hold and deal with alienated land
11B. Powers of Minister in relation to administration and management of land
12. Powers and duties of Minister restricted in relation to managed reserves and mall reserves
13. Ministerial orders, registration of etc.
14. Minister to consult local governments before exercising certain powers in relation to Crown land

Division 2 -- Covenants and conditions and their enforcement

15. Covenants as to use, subdivision etc. of certain land
16. Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions

Division 3 -- General

17. Hazards etc. affecting land, warnings as to on certificates of title etc.
18. Crown land transactions that need Minister’s approval
18A. Carbon rights etc. affecting Crown land, Minister’s powers as to
19. Dealings etc. as to Crown land not effective until registered etc.
19A. Encumbrances on fee simple in Crown land, application of TLA to
20. Certain interests in Crown land, caveats as to
21. Caveat for State or person under disability, Minister may lodge
22. Interest or caveat to continue despite change in status of Crown land
23. Adjustment of boundaries of Crown land for purposes of survey or resurvey
24. Minerals, petroleum and geothermal energy etc. are reserved to Crown
25. Mortgage of interest in Crown land, effect of
26. Land districts and townsites, constitution etc. of
26A. Names of roads and areas in new subdivision
27. Subdivision and development of Crown land
29. Certificates etc. of Crown land title, creation and registration of
30. Authorised land officers, appointing etc.
31. Public service officer of Department, restrictions on as to acquiring Crown land
32. Plans of survey and sketch plans to be approved
33. Approved plans of survey and sketch plans, evidentiary status of
34. Entry to Crown land by Minister, powers as to
35. Breach of condition or covenant applying to Crown or freehold land, Minister’s powers in case of
36. Breach of condition or covenant applying to Crown or freehold land, Minister’s powers exercisable with consent of interest holder

PART 3 -- Appeals to Governor

37. Lodging an appeal with Minister, manner of
38. Minister’s role on receipt of notice of appeal
39. Governor to determine appeals
40. Outcome of appeal, Minister to notify appellant of

PART 4 -- Reserves

41. Reserving Crown land, Minister’s powers as to
42. Class A reserves, creating, changing etc.
43. Certain changes to class A reserves, national parks etc., parliamentary procedure as to
44. Easements in class A reserves
45. Certain land subject to Conservation and Land Management Act 1984 or Swan and Canning Rivers Management Act 2006, Minister’s powers as to
46. Care, control and management of reserves
46A. Consultation with management body
47. Lease of unmanaged reserve for reserve’s purpose, Minister’s powers to grant
48. Lease etc. of unmanaged reserve for other purposes, Minister’s powers to grant
49. Plan for managed reserve
50. Management order, revocation of
51. Minister’s powers to cancel, change purpose of or otherwise affect reserve
51AA. Compensation provisions
51A. Certain prescribed land taken to be reserved under s.
52. Local government may ask Minister to acquire as Crown land certain land in district

PART 5 -- Roads

Division 1 -- Conventional roads

53. Highways and main roads, effect of Main Roads Act 1930 as to
55. Property in and management etc. of roads
56. Dedication of land as road
57. Leases in relation to roads
58. Closing roads

Division 2 -- Mall reserves

59. Creation and management of mall reserves
60. Public utility services in mall reserve, when suppliers of to be consulted
61. By-laws for management etc. of mall reserve
62. Cancelling mall reserve and revoking management order

Division 3 -- Public access routes

63. Terms used
64. Declaring etc. public access route through Crown land
65. Nature, signposting and routes of public access route
66. Liability of Minister etc. in respect of public access route restricted
67. Temporary closure of public access route
68. Fence across public access route, crossing of to be provided
69. Right to use public access route
70. Certain effects of public access routes
71. Offences

PART 6 -- Sales, leases, licences, etc. of Crown land

Division 1 -- General

72. Terms used
73. Advisory panel, appointment of

Division 2 -- Sale of Crown land

74. Minister’s powers as to sale of Crown land
75. Transfer of Crown land in fee simple subject to conditions
76. Mortgagee of conditional tenure land, duties of in case of mortgagor’s default
77. Mortgagee’s sale under s. 76, application of purchase moneys from
78. Development etc. of Crown land, Minister may enter into joint venture for

Division 3 -- Leasing of Crown land

79. Minister’s powers as to lease of Crown land
80. Conditional purchase leases
81. Surrender of lease of Crown land
81A. Removal of expired registered leases from certificate of Crown land title

Division 4 -- Provisions not restricted to either sale or leasing of Crown land

82. Revesting land held by Crown in fee simple in Crown
83. Transfer etc. of Crown land to advance Aboriginal people
84. Auctioneers of Crown land, functions of
85. Sale etc. of Crown land subject to condition etc. it be subdivided
86. Sale etc. of Crown land by private treaty to Commonwealth etc.
87. Sale etc. of Crown land for amalgamation with adjoining land
88. Option to purchase or lease Crown land, grant of
89. Certain lessees of Crown land may purchase, or purchase options to purchase, the land
90. Overlap of lease or easement and mining tenement, effect of
91. Licences and profits à prendre over Crown land, grant of
92. Improvements to leased etc. Crown land vest in Crown

PART 6A -- Diversification leases

Division 1 -- Application of Part

92A. Leases to which this Part applies

Division 2 -- Grant of diversification lease

92B. Minister’s powers as to grant of diversification lease

Division 3 -- Conditions of diversification lease

92C. Provisions that can be included in diversification lease
92D. Non-exclusive possession of land under diversification lease
92E. Reservation in favour of Aboriginal persons
92F. Diversification lessee’s duties as to leased land

Division 4 -- Forfeiture of diversification lease

92G. Issue of forfeiture notice
92H. Criminal liability not affected by forfeiture

Division 5 -- Notification of certain soil conservation notices

92I. Commissioner to notify Minister of certain soil conservation notices

PART 7 -- Pastoral leases

Division 1 -- Introductory

93. Terms used

Division 2 -- The Pastoral Lands Board

94. Board established
95. Functions of Board
96. Minister may give directions to Board
97. Members of Board, appointment of etc.
98. Procedure of Board; quorum
99. Particular duties of members
100. Protection from personal liability for members

Division 2A -- Standards, guidelines and accreditation systems

100A. Land condition standards and land management guidelines
100B. Regard to standards and guidelines in performance of functions under this Part
100C. Minister may approve land management accreditation systems
100D. Status of standards, guidelines and approved systems

Division 3 -- Grant of a pastoral lease

101. Grant of pastoral lease, Minister’s powers as to
102. Public offers etc. of pastoral leases to be made before grant

Division 4 -- Conditions of a pastoral lease

103. Terms etc. that can be included in pastoral lease
104. Aboriginal people’s right to enter parts of pastoral leases
105. Duration of pastoral lease
105A. Extension of pastoral lease or grant of pastoral lease for greater term
105B. Agreements relating to extension or grant of lease under s. 105A
106. Leased land to be used for pastoral purposes unless otherwise permitted
107. Improvements must be kept in good condition
108. Pastoral lessee’s duties as to leased land
108A. Board may direct pastoral lessee to submit management plan
108B. Submission, approval and implementation of management plan
108C. Board may direct pastoral lessee to monitor and report land condition
109. No clearing of leased land unless permitted
110. Non-indigenous pasture not to be sown etc. on leased land without permit
111. Pests and prohibited stock on leased land
111A. Board may make determinations and directions as to number and distribution of stock
111B. Board may require evidence of compliance with s. 111A
112. Effect of soil conservation notice on determinations and directions under s. 111A and permits under Div.
112A. Effect on rent if reduction in stock numbers
113. Pastoral lessee to submit annual return
114. Compensation for improvements payable on expiry of certain leases

Division 5 -- Permits

115. Fees for permits
116. Permit may be issued despite lease’s terms
117. Environmental conservation requirements to be complied with
118. Clearing land, permit for
119. Non-indigenous pastures, permit to sow etc.
120. Non-pastoral agricultural activity, permit for
121. Tourist activity, permit for
122. Non-pastoral use etc. of enclosed or improved land, permit for
122A. Prohibited stock, permit to keep etc.
122B. Board’s power to amend permit
122C. Renewal of permit
122D. Suspension of permit
122E. Cancellation of permit
122F. Permit not personal property for Personal Property Securities Act 2009 (Commonwealth)

Division 6 -- Rent for a pastoral lease

122G. Terms used
122H. Minister to determine annual rent
122I. Minister to determine permit rent if pastoral lease subject to permit
123. Valuer-General to determine annual rent at 10 yearly intervals
123A. Minister may request Valuer-General to make interim determination of annual rent
123B. Determining annual rent when new pastoral lease granted
124A. Phasing in increases to rent due to s. 123 determination
124. Annual rent if permit issued
125. Payment of rent
126. Objections to and review of rent or value of improvements
127. Amalgamated leases, rent for
128. Payment of rent may be delayed, reduced or waived in certain cases

Division 7 -- Defaults, offences, forfeiture and abandoned leases

128A. Board may direct pastoral lessee
129. Default notice, when can be issued etc.
130. Not complying with default notice, offence
131. Forfeiture, when lease is liable to
132. Criminal liability not affected by forfeiture
133. Abandoned lease, Minister’s powers in case of

Division 8 -- Transfers of pastoral holdings or shares

134. Transfer, mortgage etc. of lessee’s interest, ministerial approval of
134A. Transfer of permits
135. Company holding lease, restrictions on transfer etc. of shares etc. in
136. Maximum area of leased land a person may hold

Division 9 -- Relations between the Pastoral Board and the Commissioner

137. Commissioner and Board to exchange information
138. Commissioner to notify Board of certain soil conservation notices

Division 10 -- Miscellaneous and transitional

139. Board’s powers to investigate compliance by lessees
140. Renewal of lease, request by lessee for offer of etc.
141. Boundaries between leases, Minister’s powers to change
142. Amalgamation of leases, Minister’s powers as to
142A. Pastoral business units, creation of etc.
143. Leases in force at 30 Mar 1998, transitional provisions for

PART 8 -- Easements

143A. Term used: grantee
144. Easements over Crown land, Minister’s powers to grant etc.
145. Cancelling s. 144 easements
146. Effect of easements granted under s.
147. Easements in gross may be granted under s. 144 and transferred
148. Conditional tenure land, grant of easement by holder of
149. Holder of interest in Crown land with right to acquire fee simple, grant of easement by
150. Easements no longer serving any purpose, cancelling

PART 9 -- Compulsory acquisition of interests in land

Division 1 -- Preliminary

Subdivision 1 -- Interpretation

151. Terms used

Subdivision 2 -- Provisions relating to native title

152. Objective of this Part and Part 10 as to NTA
153. Giving notice under NTA to native title holders if no approved determination of native title, effect of for this Act
154. Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act
155. Native title rights and interests, effect of taking under this PART
156. Claims for compensation for native rights and interests, determining etc.
157. Claims for compensation for native title rights and interests, who may make
158. Compensation paid for native title rights and interests, recovery of if purpose of taking is cancelled

Subdivision 3 -- Delegation

159. Delegation by Minister to certain other Ministers
160. Subdelegation of power or duty delegated under s.

Division 2 -- Taking interests in land

Subdivision 1 -- Land required for a public work

161. Interests in land may be taken etc.
162. Underground land, interests in may be taken etc.
163. Certain materials and interests in land not to be taken without consent of Minister or principal proprietor
164. Mineral, petroleum and geothermal energy rights may be excluded from taking order

Subdivision 2 -- Land required for the purpose of conferring interests

165. Interests in land may be taken etc.
166. Application of this Part and Part 10 to taking authorised, and interests taken, under s.
167. Agreement as to payment of compensation etc. by person who will get grant for which s. 165 taking is authorised

Division 3 -- Procedure for taking interests in land and designating for a public work

Subdivision 1 -- Procedure for taking interests in land by agreement

168. Agreement to purchase or consent to take required interest, acquiring authority’s powers as to
169. Purchase price in agreement to purchase

Subdivision 2 -- Procedure for taking interests in land without agreement

170. Notice of intention to take required interest, issue of etc.
171. Notice of intention, content and validity of
172. No transaction affecting required land without Minister’s consent
173. No improvements to be made to required land without Minister’s approval
174. Minister’s consent under s. 172 to transaction, Registrar of Titles may require evidence of
175. Objections to proposed taking of interests in land
176. Proprietor may require acquiring authority to also take small remainders of land
177. Taking order, Minister’s powers to make etc.
178. Taking order, content of

Subdivision 3 -- Effect of taking order

179. Registration of taking order, effect of
180. Taking order may be annulled or amended
181. Compensation if taking order annulled or amended

Division 4 -- Entry on to land

182. Entry for feasibility study
183. Land for railway identified in special Act, entry of etc.
184. Land in notice of intention, entry of for inspection, surveys etc.
185. Land may be occupied temporarily to construct etc. public work
186. Entry etc. before land taken in certain circumstances

Division 5 -- Use and disposal of land designated for a public work

187. Interest in land not required for public work may have designation changed or cancelled
188. Transactions affecting designated interests in land, application of proceeds of
189. Interest in land less than fee simple not required for public work, landowner to get option to purchase
190. Fee simple in land not required for public work, previous owner etc. entitled to option to purchase
191. Person who would be entitled to s. 189 or 190 option may require Minister to say if interest is required for public work
192. Land not presently wanted etc. for public work may be leased
193. Easement over land designated for public work, grant of
194. Timber, stone etc. on land designated for public work, sale of etc.

Division 6 -- General provisions

195. Easement in gross in favour of State etc., creation of etc.
196. Public access easement, creation of etc.
197. Person refusing to give up possession etc. of land, Minister’s powers in case of
198. Fences, removal of by acquiring authority restricted
199. Obstructing workers, causing damage etc., offence etc.
200. Compulsory acquisition in progress at 30 Mar 1998 etc., transitional provisions for
201. Delegations in force at 30 Mar 1998, preservation of

PART 10 -- Compensation

Division 1 -- Persons entitled to compensation

202. Owners of interests in land taken, entitlement of
203. Person suffering damage from entry to land, entitlement of
204. Management body, entitlement of for loss of use of structures etc.
205. Mine, compensation for damage to etc.
206. Limitation on compensation if taking done under Part 9 could have been done under another Act

Division 2 -- The claim

207. Time limit for making claim for compensation
208. Who can claim compensation
209. Principal Registrar to be guardian etc. in certain cases
210. Potential claimant absent from State or an infant etc., procedure in case of
211. Content and service of claim
212. Non-monetary compensation, requests for
213. Service of claim etc., manner of
214. Acquiring authority may require further particulars
215. Time limit for acquiring authority to dispute title
216. Claimant whose title is disputed may apply to Supreme Court

Division 3 -- Dealing with the claim

217. Offer of compensation if title not in dispute, when to be made
218. Claim and offer, amending
219. Rejection of offer, time limit for; effect of not rejecting offer
220. Rejected offer, how compensation determined in case of
221. If offer not made within time limit, claimant may commence proceedings
222. Claimant failing to commence proceedings after rejecting offer
223. Court action for compensation, commencing and procedure on
224. SAT claim for compensation, referring and procedure on
225. Assessor’s consent to act required etc.

Division 4 -- The State Administrative Tribunal

226. Constitution of SAT for compensation claims
227. Assessor not member of SAT may sit on SAT
229. SAT may hear other claims by consent
230. Assessor, objecting to etc.
231. Assessor member dying or unable to act etc., replacing

Division 5 -- Assessing compensation

241. How compensation to be determined
242. Rates and taxes, apportionment of
243. Acts by claimant to make land less suitable for public work to be taken into account
244. One sum or separate sums may be awarded and conditions attached

Division 6 -- Payment of compensation

248. Payments pending settlement of claim
249. When title doubtful, compensation or purchase-money to be paid into Supreme Court
250. Investment of compensation money by Principal Registrar
251. Mortgage debts, application of compensation to
252. Land sold with payment by instalments, application of compensation for
253. Land subject to rent-charge etc., application of compensation in case of
254. Reducing rent if part of rented land is taken
255. Easement etc. in lieu of compensation or purchase-money, grant of by Minister
256. Easement etc. in lieu of compensation, powers of court or SAT as to
257. Grant of Crown land in lieu of compensation, Minister’s powers as to
258. Source of compensation etc.

PART 11 -- General

259. Protection from personal liability
260. Improvements on Crown land, valuing for s. 35 and 92
261. Interest in Crown land of insolvent person available for benefit of creditors
262. Death or mental incapacity of holder of interest in Crown land occurring before conditions as to improvements fulfilled
263. Death of holder of interest in Crown land with right to acquire fee simple
264. Limited liability of Crown or management body for damage, injury or loss suffered on, or emanating from, certain land
265. Prescription Act 1832 (UK) not applicable to Crown land
266. Land no longer required for railway to become Crown land
267. Offences on Crown land and proceedings for them
268. Survey marks and surveyors etc., offences as to
269. Contravention or avoidance of condition or covenant in respect of Crown land
270. Unauthorised structures on Crown land
271. Extensions of time for s.
272. Appeal against s. 270 notice
273. Delegation by Minister of s. 270 and 271 functions
274. Service of documents for Act
275A. Information about Crown land interest holders, disclosing
275. Regulations generally
276. Regulations about fees
277. Regulations about s. 73 advisory panel
278. Forms, approval of etc.
279. Review of Act

PART 12 -- Repeals, transitional, savings and validation related to Land Act 1933

280. Interpretation Act 1984 not affected
281. Land Act 1933 repealed; transitional etc. provisions for (Sch. 2)
282. General saving for matters in existence etc. under amended Acts at 30 Mar 1998

PART 13 -- Transitional related to pre-Land Act 1933 Crown grants, Crown reserves, and Crown leases

283. Term used: pre-1933 legislation
284. Pre-1933 legislation, transitional provisions for (Sch. 3)

PART 14 -- Transitional provisions for the Land and Public Works Legislation Amendment Act 2023

285. Returns by pastoral lessees
286. Annual rent for pastoral leases
SCHEDULE 1 -- Divisions of State
SCHEDULE 2 -- Transitional, savings and validation provisions related to Land Act 1933
SCHEDULE 3 -- Crown grants, Crown reserves, and Crown leases made or created before the Land Act 1933

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