Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 142

142 .         Amalgamation of leases, Minister’s powers as to

        (1)         If —

            (a)         2 or more pastoral leases are held by the same lessees; and

            (b)         the leases are held on the same conditions, other than the term of the lease; and

            (c)         the lessees hold the same proportionate shares of each lease,

                the Minister may, on the recommendation of the Board, by order provide that the leases be amalgamated.

        (2)         If the lessees of pastoral leases eligible for amalgamation request the Board to recommend amalgamation and have paid the prescribed fee, if any, the Board must consider the request and must not unreasonably refuse to recommend amalgamation to the Minister.

        (3)         If a lease affected by an amalgamation order is subject to a mortgage or charge, then, unless the mortgagees or chargees agree and the order provides otherwise, each mortgage or charge is deemed, on registration of the order, to have been replaced by a mortgage or charge on the amalgamated lease with the same terms and conditions, with the same priority date, and secured by the same area of land as before the amalgamation.

        (4)         An amalgamation order must specify a name for the amalgamated lease.