Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 114

114 .         Compensation for improvements payable on expiry of certain leases

        (1)         In this section —

        continuing lease means a pastoral lease that —

            (a)         was granted before the appointed day; or

            (b)         is a continuation, by means of a renewal or grant effected under —

                  (i)         section 140 of this Act; or

                  (ii)         section 98(11) of the repealed Act as read with section 143 of this Act,

                of a pastoral lease that was granted before the appointed day.

        (2)         If a continuing lease expires and is not further continued, 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 expiry of any lawful improvements existing on the land under the lease.

        (3)         If a continuing lease expires and is continued by the grant of a lease, offered under section 140 of this Act or under section 98(11) of the repealed Act as read with section 143 of this Act, over part only of the land, subsection (2) applies in relation to improvements existing on the land not under the newly granted lease.

        (4)         If a pastoral lease other than a continuing lease expires, the lessee is not entitled to any compensation for improvements.

        (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 developed, of carrying sufficient authorised stock to enable it to be worked as an economically viable and ecologically sustainable pastoral business unit; and

            (b)         the land subsisting in the lease is a part only of the land that was in the lease when it was granted; and

            (c)         the lease is not to be amalgamated with an adjoining pastoral lease; and

            (d)         the lease is not to become, together with an 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 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.

        (5)         If a pastoral lease is forfeited under this Act, the lessee is entitled to remove such improvements made —

            (a)         during the term of the lease; or

            (b)         in the case of a continuing lease, since the commencement of the original lease,

                as are of a kind easily capable of being removed.

        (6)         Compensation under this section is to be paid out of moneys appropriated by Parliament for the purpose.

        [Section 114 amended: No. 59 of 2000 s. 30.]