Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 261

261 .         Interest in Crown land of insolvent person available for benefit of creditors

        (1)         If a person holding an interest in Crown land under conditions relating to improvements or other matters is —

            (a)         an individual who is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, that interest may, with the permission of the Minister, be sold by the trustee of that person; or

            (b)         a corporation within the meaning of the Corporations Act 2001 of the Commonwealth —

                  (i)         the property of which is in the possession of, or under the control of, a receiver, or a receiver and manager; or

                  (ii)         which is under administration; or

                  (iii)         which has executed a deed of company arrangement that is not yet terminated; or

                  (iv)         which is a party to a compromise or arrangement made with any other person or persons and currently being administered; or

                  (v)         which is being wound up,

                that interest may, with the permission of the Minister, be sold by the person entitled under the Corporations Act 2001 of the Commonwealth to sell that interest,

                to a purchaser who would be qualified under this Act to hold the Crown land under those conditions.

        (2)         The purchaser of an interest sold under subsection (1) is substituted for the individual or corporation referred to in that subsection and has the same rights and obligations in relation to the relevant Crown land as that individual or corporation had.

        (3)         In subsection (1)(a) —

        trustee has the same meaning as it has in the Bankruptcy Act 1966 of the Commonwealth and includes the person corresponding to the trustee under the law of an external Territory or of a country other than Australia.

        [Section 261 amended: No. 10 of 2001 s. 220.]



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