Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
previous determination —
(a) in
relation to a determination by the Valuer-General under section 123(1)(a) of
the annual rent, or under section 123A(2) of a rent, for a pastoral lease
— means the most recent previous determination of annual rent for the
lease under this Division; and
(b) in
relation to a determination by the Valuer-General under section 124(3) of the
permit rent for a pastoral lease — means the most recent previous
determination of the permit rent for the lease under this Division.
(1) A pastoral lessee
must pay the rent determined under this Division for a pastoral lease in
accordance with the lease and, if the lessee is the holder of a permit issued
under Division 5 that is subject to a condition of the kind referred to in
section 124(1), the permit.
(2) If an objection
has been lodged against a determination by the Valuer-General under
section 123(1)(a) of the annual rent, under section 123A(2) of a rent, or
under section 124(3) of the permit rent, for a pastoral lease or a notice has
been given requiring the determination to be referred to the State
Administrative Tribunal for a review, but the matter has not been determined
at a date on which an instalment of rent becomes due, the rent is payable at
the rate of the previous determination.
(3) If a determination
by the Valuer-General under section 123(1)(a) of the annual rent, under
section 123A(2) of a rent, or under section 124(3) of the permit rent, for a
pastoral lease is amended as a result of an objection or review and the
pastoral lessee has paid an amount of rent at the previous rate under
subsection (2), the lessee is entitled to set off any overpayment against the
future rental payments.
(4) If a pastoral
lessee fails to pay rent on the due date, interest becomes payable in respect
of the amount and accrues at the prescribed rate.
[Section 125 amended: No. 55 of 2004 s. 545; No. 4
of 2023 s. 63.]