Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SCHEDULE 2

[Section 281(2)]

1 .         Sch. 2 supplementary to Interpretation Act 1984 ; terms used

        (1)         This Schedule is in addition to, and not in derogation from, the application to and in relation to this Act and the repealed Act of the Interpretation Act 1984 .

        (2)         In this Schedule, unless the contrary intention appears —

        interest includes right over Crown land continued in operation by this Schedule;

        status order includes order made under section 33 of the repealed Act.

2 .         Property etc. of Minister under repealed Act s. 6(3)

                All property and rights of property vested by section 6(3) of the repealed Act in the Minister immediately before the appointed day are by virtue of this clause vested in the Minister.

3 .         Incomplete disposal of Crown land under repealed Act s. 7

                Any decision made by the Governor under section 7 of the repealed Act but not given effect before the appointed day is to be given effect as if that decision had been made by the Minister under this Act.

4 .         Incomplete acquisition of land under repealed Act s. 8

                Any decision made by the Governor under section 8 of the repealed Act but not given effect before the appointed day is to be given effect as if that decision had been made by the Minister under section 11 of this Act.

5 .         Incomplete grant etc. to Aboriginal people under repealed Act s. 9

                Any decision made by the Governor under section 9 of the repealed Act but not given effect before the appointed day is to be given effect as if that decision had been made by the Minister under section 83 of this Act.

6 .         Incomplete action as to district or townsite under repealed Act s. 10

        (1)         Any decision made by the Governor under section 10 of the repealed Act but not given effect before the appointed day is to be given effect as if that decision had been made by the Minister under section 26 of this Act.

        (2)         A district or townsite constituted under section 10 of the repealed Act and remaining so constituted immediately before the appointed day is to be treated as being constituted as a land district or townsite, as the case requires, under section 26 of this Act.

7 .         Incomplete resumption of land under repealed Act

        (1)         Any decision made by the Governor under a provision of the repealed Act enabling the resumption of land but not given effect before the appointed day is to be given effect as if that decision had been made under Part 9 of this Act.

        (2)         If a Crown grant issued under the repealed Act confers on the Crown a right to resume the land the subject of the Crown grant without the payment of compensation, that right is extinguished by virtue of this subclause.

        (3)         If a lease issued under Division (1) of Part V of the repealed Act confers on the Crown a right to resume the land the subject of that lease without the payment of compensation, that right is extinguished by this subclause and the Minister may acquire that land on —

            (a)         payment to the lessee of compensation for any improvements on that land; and

            (b)         repayment to the lessee of the amount paid for the purpose of acquiring the fee simple in that land.

8 .         Incomplete issue of Crown grant under repealed Act s. 12

                A Crown grant in respect of which —

            (a)         the procedure specified in section 12 of the repealed Act had been begun but not completed; or

            (b)         the procedure so specified had been completed, but in respect of which a certificate of title had not been issued under the TLA,

                before the appointed day is to be treated as if the fee simple of the land concerned had been disposed of under this Act.

9 .         Application etc. awaiting approval under repealed Act s. 13

                An approval of an application, lease, licence, transfer, instrument or notice required by section 13 of the repealed Act to be signed, or signed and sealed, under that section which had not been so signed, or signed and sealed, before the appointed day is to be dealt with under the appropriate provision of this Act.

10 .         Reservation etc. under repealed Act s. 15 etc.

        (1)         A reservation, or a right to enjoy wells and springs and to bore and sink wells, which existed under section 15 of the repealed Act immediately before the appointed day continues to exist after the appointed day.

        (2)         Any reservation to the Crown of a right to take marketable timber in a Crown grant, conditional purchase lease or conditional purchase licence which was, despite sections 15A and 15B of the repealed Act, in existence immediately before the appointed day continues to exist after the appointed day.

11 .         Granted application under repealed Act s. 16(1) etc.

        (1)         Any application referred to in section 16(1) of the repealed Act which was granted, and any condition or reservation which was inserted in connection with that application, before the appointed day remain in existence for the purpose of being considered by the Minister when exercising any power conferred on the Minister by this Act.

        (2)         The Minister must, on the survey of any land applied for under the repealed Act before survey, make the relevant access, roads and reserves referred to in section 16(2) of the repealed Act despite the repeal of that section if that application was still in existence immediately before the appointed day.

12 .         Lease etc. liable to forfeiture under repealed Act s. 23 at 30 Mar 1998

        (1)         A lease or other holding and the lands therein, and all improvements thereon, and any rent or purchase money paid, that were immediately before the appointed day liable to be forfeited under section 23 of the repealed Act are liable to be forfeited under section 35 of this Act as if any failure or neglect, or non-payment of rent or instalment of purchase money, referred to in section 23 of the repealed Act were a breach of a condition within the meaning of section 35 of this Act.

        (2)         Despite the repeal of the repealed Act by this Act, sections 23(2) and (3) and 24 of the repealed Act are to be taken to remain in operation in respect of anything liable to be forfeited by virtue of subclause (1).

13 .         Appeal to Governor pending under repealed Act s. 27

                An appeal which was pending under section 27 of the repealed Act immediately before the appointed day may be disposed of by the Governor as if the repealed Act had not been repealed.

14 .         Reserves under repealed Act etc.

        (1)         Any decision to reserve land made by the Governor under section 29(1) of the repealed Act but not given effect before the appointed day is to be given effect as if that decision were a decision made by the Minister under section 41 of this Act to reserve that land for the same purpose as that envisaged by the Governor.

        (2)         Any land reserved under section 29 of the repealed Act and remaining so reserved immediately before the appointed day is to be taken to be land reserved under section 41 of this Act.

        (3)         Any decision to classify land in a reserve as of Class A made by the Governor under section 31 of the repealed Act but not given effect before the appointed day is to be given effect as if that decision were a decision made by the Minister under section 42 of this Act to classify that land as a class A reserve.

        (4)         A reserve classified as of Class A under section 31 of the repealed Act and remaining so classified immediately before the appointed day is to be taken to be a class A reserve.

        (5)         A reserve classified as of Class B under section 31 of the repealed Act and remaining so classified immediately before the appointed day remains so classified as if the repealed Act had not been repealed until that reserve ceases to be so classified, or is cancelled, in accordance with the repealed Act.

        (6)         For the purposes of subclause (5), section 31(2) of the repealed Act is to be construed as if that section —

            (a)         enabled the Minister to cancel a reserve referred to in that subclause by order made under this Act; and

            (b)         required the Minister to present a special report under the proviso to that section following that cancellation.

        (7)         A reserve classified as of Class C under section 31 of the repealed Act and remaining so classified immediately before the appointed day is to be treated as a reserve, but not an A class reserve, within the meaning of this Act.

15 .         Lease of reserve under repealed Act s. 32

        (1)         Any decision made by the Minister under section 32 of the repealed Act to grant a lease or licence but not given effect before the appointed day is to be given effect as if that decision had been made under section 47 or 48, as the case requires, of this Act.

        (2)         Any land the subject of a lease or licence —

            (a)         granted under section 32 of the repealed Act; and

            (b)         subsisting immediately before the appointed day,

                is to be taken to be a lease or licence granted under section 47 or 48, as the case requires, of this Act.

16 .         Vesting order under repealed Act s. 33 etc.

        (1)         An order made under section 33 of the repealed Act and subsisting immediately before the appointed day continues, subject to this Act, to subsist after the appointed day as if that order were a management order or an order made under section 46(3) or 59(5), as the case requires, of this Act.

        (1a)         If, before the appointed day, a vesting order that subsists under subclause (1) as if it were an order made under section 46(3) did not require the Governor’s or Minister’s consent to dealings in interests in land the subject of the order, the Minister’s approval to dealings in the land under section 18 is not required.

        (1b)         Any dealing before the coming into operation of section 46 of the Land Administration Amendment Act 2000 in an interest in land the subject of an order referred to in subsection (1a) is taken to be, and always to have been, as valid and effective as it would have been if done with the Minister’s approval.

        (2)         Subject to subclause (2a), any lease granted in compliance with a direction referred to in section 33(2) of the repealed Act and subsisting immediately before the appointed day continues, subject to this Act, to subsist after the appointed day as if that lease were a lease granted under a power conferred under section 46(3) of this Act.

        (2a)         Any lease granted in compliance with a direction referred to in section 33(2) of the repealed Act and subsisting immediately before the appointed day which is in respect of land comprising the whole or a part of the land in a reserve that has been cancelled continues to subsist subject to this Act, and is taken to have so continued to subsist on and from the appointed day, as if that lease were a lease continued under section 22 of this Act.

        (2b)         Any lease granted in compliance with a direction referred to in section 33(3)(a) of the repealed Act and subsisting immediately before the appointed day continues to subsist subject to this Act, and is taken to have so continued to subsist on and from the appointed day, as if that lease were a lease granted under section 47 of this Act.

        (2c)         If —

            (a)         a lease granted in compliance with a direction referred to in section 33(3)(a) of the repealed Act; or

            (b)         a sublease made in compliance with a consent referred to in section 33(3a) of the repealed Act,

                subsisting immediately before the appointed day is subject to a condition or limitation that required the Governor’s consent or approval that condition or limitation is to be taken instead to be a condition or limitation under which the consent or approval of the Minister is required.

        (2d)         Any consent or approval referred to in subclause (2c) given before the coming into operation of section 46 of the Land Administration Amendment Act 2000 by the Minister is taken to be, and always to have been, as valid and effective as it would have been if given by the Governor.

        (3)         A sublease granted under section 33(3a) of the repealed Act and subsisting immediately before the appointed day continues, subject to this Act and to the relevant lease referred to in section 47 of this Act, to subsist after the appointed day as if that sublease were a sublease granted under this Act.

        (4)         An order made under section 34 of the repealed Act as in force before the commencement of section 9 of the Acts Amendment (Reserves) Act 1982 and subsisting immediately before the appointed day continues, subject to the repealed Act, to subsist after that commencement as if the repealed Act had not been repealed.

        (5)         Any by-laws continued in force under section 34 of the repealed Act and subsisting immediately before the appointed day continue, subject to the repealed Act, to subsist after the appointed day as if the repealed Act had not been repealed.

        [Clause 16 amended: No. 59 of 2000 s. 46(1)-(5).]

17 .         Grants of land in fee simple subject to conditions

        (1)         A fee simple granted in compliance with a direction made by the Governor under section 33(4) of the repealed Act and subsisting immediately before the appointed day is to be taken to be land transferred in fee simple subject to conditions and referred to in section 75(1) of this Act subject to —

            (a)         the same conditions and with the same purpose as the fee simple so granted; and

            (b)         any mortgage effected with the consent of the Governor before the appointed day.

        (2)         If the land subject to a fee simple granted within the meaning of subclause (1) was before the appointed day mortgaged with the consent of the Governor and, after that land has become land transferred in fee simple subject to conditions under that subclause, the mortgagee completes the exercise of the power of sale or foreclosure under that mortgage, that land is by virtue of this subclause freed from the conditions and the purpose referred to in that subclause.

        (3)         On and from the appointed day any condition referred to in subclause (1)(a) under which the Governor’s consent is required is taken instead to be a condition under which the consent of the Minister is required.

        (4)         Any consent referred to in subclause (3) given before the coming into operation of section 46 of the Land Administration Amendment Act 2000 by the Minister is taken to be, and always to have been as, valid and effective as it would have been if given by the Governor.

        (5)         If land in fee simple granted within the meaning of subclause (1) has a classification of Class A under section 31 of the repealed Act the land is, and is taken since the appointed day to have been, land that may be dealt with in the same manner as if it were a Class A reserve under Part 4 of this Act.

        (6)         If land in fee simple granted within the meaning of subclause (1) has a classification under section 31 of the repealed Act as a reserve other than as a Class A reserve, that reservation is taken to have been cancelled on and from the appointed day.

        [Clause 17 amended: No. 59 of 2000 s. 46(6).]

18 .         Management plan approved under repealed Act s. 34A

                A management plan approved under section 34A of the repealed Act and subsisting immediately before the appointed day continues, subject to this Act, to subsist and to apply to the land concerned after the appointed day as if that management plan were a plan approved under section 49 of this Act.

19 .         Town and suburban lands being sold by auction

                Land referred to in section 38 of the repealed Act which has been surveyed into lots and notified under that section but has not before the appointed day been disposed of under that section is to be sold or leased by public auction under section 74(1)(f) or 79(1)(a) of this Act.

20 .         Fencing condition under repealed Act s. 42

                Any condition relating to fencing referred to in section 42 of the repealed Act which was in force immediately before the appointed day remains in force for the period for which it would, but for the repeal of the repealed Act, have remained in force and any breach of such a condition is to be treated as being the breach of a condition within the meaning of section 35 of this Act and the Minister may act under that section accordingly.

21 .         Licence to occupy under repealed Act s. 43

        (1)         A licence issued under section 43 of the repealed Act and in force immediately before the appointed day remains in force, as if the repealed Act had not been repealed, for the remainder of the period for which it would, but for that repeal, have remained in force.

        (2)         Without limiting the generality of subclause (1), sections 18, 22, 41 and 42A of the repealed Act continue to apply in relation to licences remaining in force under that subclause.

        (3)         Particulars of a licence remaining in force under subclause (1) are to be endorsed or to remain on any qualified certificate of Crown land title created and registered in respect of the Crown land to which that licence relates.

22 .         Lessee entitled to acquire town or suburban land under repealed Act s. 44

        (1)         A lessee referred to in section 44 of the repealed Act who had not before the appointed day exercised his or her right to apply to purchase the fee simple of the leased land may apply to the Minister to purchase that fee simple and the Minister must, on —

            (a)         payment of the price fixed by the Minister and of all relevant prescribed fees; and

            (b)         completion of such improvements as were prescribed by regulations made under the repealed Act,

                grant that application by transferring that land to that lessee in fee simple under this Act.

        (2)         On a transfer referred to in subclause (1), a certificate of title is to be issued for the land transferred in fee simple, subject to all the encumbrances to which the relevant lease was subject and in the same priorities.

23 .         Incomplete grant of land for Housing Act 1980 under repealed Act s. 45

                Any decision made by the Minister under section 45 of the repealed Act to grant town and suburban land to the State Housing Commission but not given effect before the appointed day is to be given effect as if the repealed Act had not been repealed.

24 .         Decisions under repealed Act s. 45A not effected

                Any decision made by the Minister under section 45A of the repealed Act —

            (a)         to dispense with the requirements of Part IV of the repealed Act as to sale of town and suburban lands by public auction; or

            (b)         to approve of any lot being town or suburban lands being offered for sale in fee simple or for leasing for a term not exceeding 99 years on conditions,

                but not given effect before the appointed day is to be treated as a decision to sell Crown land under section 74 of this Act and that section applies accordingly.

25 .         Decision under repealed Act s. 45B not effected

                Any decision made by the Minister under section 45B of the repealed Act to invite applications for the purchase in fee simple of any suburban or town land but not given effect before the appointed day is to be given effect as if the repealed Act had not been repealed.

26 .         Conditional purchase lease of agricultural etc. land

        (1)         A conditional purchase lease granted under Division (1) of Part V of the repealed Act and subsisting immediately before the appointed day continues, subject to subclause (2), to subsist as if that lease had been granted under this Act.

        (2)         The Minister must transfer the fee simple in Crown land contained in a lease continued by subclause (1) to the holder of that lease when —

            (a)         the conditions of that lease have been fulfilled; and

            (b)         the purchase price and all relevant prescribed fees have been paid; and

            (c)         if that Crown land has not been surveyed, a survey plan of that Crown land has been lodged with the Registrar.

        (3)         On a transfer referred to in subclause (2), a certificate of title is to be issued for the fee simple transferred, subject to all the encumbrances to which the relevant lease was subject and in the same priorities.

27 .         Conditional purchase lease of special settlement land

        (1)         A conditional purchase lease granted under Division (1) of Part V of the repealed Act as read with Division (4) of that Part and subsisting immediately before the appointed day continues, subject to subclause (2), to subsist as if that lease had been granted under this Act.

        (2)         The Minister must transfer in fee simple Crown land contained in a lease continued by subclause (1) to the holder of that lease when —

            (a)         the conditions of that lease have been fulfilled; and

            (b)         the purchase price and all relevant prescribed fees have been paid; and

            (c)         if that Crown land has not been surveyed, a survey plan of that Crown land has been lodged with the Registrar.

        (3)         On a transfer referred to in subclause (2), a certificate of title is to be issued for the land transferred in fee simple, subject to all the encumbrances to which the relevant lease was subject and in the same priorities.

28 .         Conditions in cl. 22, 26 and 27 leases

                To remove any doubt, it is declared that all existing conditions contained in a lease document in respect of a lease referred to in clause 22, 26 or 27 or a schedule to such a lease document continue to apply, and the lessee of that lease must comply with those conditions, while that lease continues under that clause.

29 .         Farm reconstruction areas, disposal of

                The Minister may transfer any land referred to in section 89B of the repealed Act in fee simple to a bank as defined in section 5 of the Banking Act 1959 of the Commonwealth.

30 .         War service land no longer required, disposal of

        (1)         The Minister may transfer any war service land in fee simple by private treaty, public auction or public tender and, if he or she does so, must apply the proceeds of that transfer in or towards recouping the State and Commonwealth expenditure incurred in relation to that war service land for the purposes of the War Service Land Settlement Scheme Act 1954 and the repealed legislation.

        (2)         In subclause (1) —

        repealed legislation means the War Service Land Settlement Agreement Act 1951 and the Acts repealed by that Act;

        war service land means land to which section 89C(2) of the repealed Act applied immediately before the appointed day.

31 .         Leases under repealed Act s. 116, 117 and 117A

        (1)         A lease granted under —

            (a)         section 116 of the repealed Act for any of the purposes set out in that section; or

            (b)         section 117 of the repealed Act in respect of any suburban, town or village lands; or

            (c)         section 117A of the repealed Act in respect of land vested in the Crown under section 286 of the Local Government (Miscellaneous Provisions) Act 1960 ,

                and subsisting immediately before the appointed day continues, subject to subclause (2), to subsist as if that lease had been granted under this Act.

        (2)         The Minister may transfer in fee simple Crown land contained in a lease continued by subclause (1) to the holder of that lease when —

            (a)         any conditions of that lease prescribed or fixed, as the case requires, under the repealed Act have been fulfilled; and

            (b)         the purchase price and all relevant prescribed fees have been paid; and

            (c)         if that Crown land has not been surveyed, a plan of survey of that Crown land has been lodged with the Registrar.

        (3)         On a transfer referred to in subclause (2), a certificate of title is to be created and registered for the land transferred in fee simple subject to all the encumbrances to which the relevant lease was subject and in the same priorities.

32 .         Closed roads, incomplete alienation of

        (1)         If —

            (a)         a declaration has been made under section 118A, 118B or 118C; or

            (b)         an approval has been given under section 118CA,

                of the repealed Act in respect of any land, but a certificate has not been issued under section 118F(2) of the repealed Act in respect of that land before the appointed day, the Minister may act under section 87 of this Act in respect of that land.

        (2)         If a certificate has been issued under section 118F(2) of the repealed Act in respect of any land but the remainder of the procedure to be followed under Part VIIA of the repealed Act in respect of that land has not been completed before the appointed day, that procedure may be completed as if the repealed Act had not been repealed.

33 .         Discharged soldiers, deferment of rent payable by

        (1)         If a lease has been acquired under Part VIII of the repealed Act by —

            (a)         a discharged soldier or dependant under the Discharged Soldiers Settlement Act 1918 ¹⁰ ; or

            (b)         a discharged member of the forces as defined by section 139B of the repealed Act,

                and the lease remains in force immediately before the appointed day, the lease continues to have effect after the appointed day, and purchase money and interest continue to be payable, as if the repealed Act had not been repealed.

        (2)         Despite subclause (1) —

            (a)         the Minister may dispense with the prepayment of the first half-yearly instalment of purchase money, and may dispense with payment of interest during the first year of the term of the lease, but in that case that interest is to be capitalized and added to, and treated for all purposes as part of, the purchase money; and

            (b)         the interest chargeable to the lessee is to be the rate payable for the money raised and applied to the acquisition of the land selected, except that the interest on the value of improvements —

                  (i)         may, during the first 5 years of the term of the lease, be reduced; and

                  (ii)         is payable in accordance with regulations made under section 275 of this Act.

34 .         Easements

        (1)         Subject to subclause (2), an easement granted under section 134B of the repealed Act and in force immediately before the appointed day is to be taken to be an easement granted under section 144 of this Act.

        (2)         If the Minister has cancelled an easement under section 134E(1) of the repealed Act before the appointed day but that cancellation has not been recorded under paragraph (c) or (d) of that section before the appointed day, the Minister must give to the Registrar notice of that cancellation forthwith after the appointed day and the Registrar must, without requiring the payment of any fee, record that cancellation in the Register.

        (3)         An easement created with the consent of the Minister —

            (a)         under section 134G of the repealed Act and in force immediately before the appointed day is to be taken to be an easement created with the permission of the Minister under section 148 of this Act; or

            (b)         under section 134H of the repealed Act and in force immediately before the appointed day is to be taken to be an easement referred to in section 149 of this Act, and the person having the benefit of that easement must lodge the original of the instrument creating that easement with the Registrar.

        (4)         If a person required by subclause (3)(b) to lodge the original of an instrument does not comply with that requirement, the easement created by that instrument ceases to have effect.

        (5)         A request made under section 134J(1) of the repealed Act but not given effect before the appointed day is to be given effect as if that request were a request made under section 150 of this Act.

        (6)         If a person has before the appointed day received a notice under section 134K of the repealed Act requiring him or her to deliver up a deed, certificate or other instrument, that section remains in force in relation to the notice as if the repealed Act had not been repealed until that requirement has been complied with or proceedings for an offence under that section have been concluded or abandoned.

        (7)         While an easement continues in force after the appointed day by virtue of this clause, sections 134L and 134M of the repealed Act are to be taken to remain in force in relation to the easement as if the repealed Act had not been repealed.

35 .         Priority of applications (repealed Act s. 135)

        (1)         If 2 or more applications for the same land had been lodged or received at the same time under section 135 of the repealed Act and it had not been determined under that section before the appointed day which of those applications was to be granted, that section is to be taken to remain in force in respect of those applications as if the repealed Act had not been repealed until that determination is made.

        (2)         A determination made by virtue of subclause (1) is to be treated as indicating for the purposes of this Act the successful applicant for an interest in the relevant Crown land or for the relevant fee simple.

36 .         Rents under leases continued by this Schedule

                Section 139(1), (2), (2a), (2b), (3) and (4) of the repealed Act applies in relation to leases continued by this Schedule as if the repealed Act had not been repealed.

37 .         Lease of lessee who served in H. M. Forces

                A lease referred to in section 139A of the repealed Act and subsisting immediately before the appointed day continues, subject to the repealed Act, to have effect after the appointed day, and purchase money and interest continue to be payable in respect of that lease and the power to defer the payment of rent conferred by that section continues, as if the repealed Act had not been repealed.

38 .         Leases continued by this Schedule not to be renewed

        (1)         Subject to subclause (2), a lease continued by this Schedule cannot be renewed.

        (2)         This clause does not apply to a lease of Crown land granted under or for the purposes of an Act which ratifies or approves an agreement to which the State is a party.

39 .         Person entitled to Crown grant under repealed Act s. 142(2)

        (1)         A person who was, immediately before the appointed day, entitled under section 142(2) of the repealed Act to receive a permit to occupy Crown land but had not yet obtained a Crown grant of that Crown land is entitled, despite anything in this Act, to have that Crown land transferred to him or her in fee simple under this clause without any further payment or compliance with any further conditions.

        (2)         The Minister must transfer the fee simple in Crown land to a person entitled under subclause (1) to that transfer.

40 .         Ministerial approvals under repealed Act s. 143

                An approval given under section 143(1) or (2a) of the repealed Act in respect of a transfer, mortgage, sublease, sale, assignment or other disposal which has not been completed before the appointed day is to be taken to be the equivalent approval under section 18 of this Act for the purpose of completing that transfer, mortgage, sublease, sale, assignment or other disposal.

41 .         Incomplete transfer of lease or licence under repealed Act s. 144

                The transfer of a lease or licence under section 144 of the repealed Act which had not been completed before the appointed day may be completed under that section as if the repealed Act had not been repealed.

42 .         Incomplete mortgage of lease or licence under repealed Act s. 145

        (1)         The mortgage of a lease or licence under section 145 of the repealed Act which had not been completed before the appointed day may be completed under that section as if the repealed Act had not been repealed.

        (2)         Nothing in this Act affects the rights of mortgagees under mortgages under section 145 of the repealed Act completed before the appointed day.

43 .         Incomplete procedures under repealed Act s. 149A and 149B

                A procedure begun under section 149A or 149B of the repealed Act in respect of an estate, interest or caveat, but not completed, before the appointed day may be completed under that section as if the repealed Act had not been repealed.

44 .         Crown land records, validation of and conversion to qualified certificates of Crown land title for transitional period

        (1)         Crown land records —

            (a)         compiled by the Department before the repeal of the repealed Act; and

            (b)         recording interests in Crown land and status orders in respect of Crown land,

                are, insofar as they were not authorised by the repealed Act and in particular by section 151 of the repealed Act and subject to this clause, to be treated as being and always having been valid.

        (2)         For the purposes of effecting a transition from Crown land records referred to in subclause (1) to certificates of Crown land title, each Crown land record in respect of a parcel of Crown land is to be treated as being a qualified certificate of Crown land title created and registered in respect of that parcel, and is subject to other interests in Crown land and dealings created or effected —

            (a)         under the repealed Act; or

            (b)         before the repeal of the repealed Act, under any other written law.

45 .         Procedure for registering interests, status orders and caveats granted etc. under repealed Act or any other written law

        (1)         In this clause —

        responsible person means person —

            (a)         who is responsible for the administration of Crown land while it is reserved, set apart or vested for, or dedicated to, the purposes of another written law; or

            (b)         in whom land reserved under the repealed Act was vested, or to whom the fee simple in, or a lease of, land so reserved was granted, under section 33 of the repealed Act immediately before the appointed day.

        (2)         For the purposes of the endorsement on a certificate of Crown land title of an interest, status order or caveat continued by this Act, the Minister may require the responsible person of the relevant parcel of land, each person having an interest in that parcel and each caveator, if any, of that parcel to provide to the Minister —

            (a)         all available documentary evidence of the interest and of any other interest or a status order in respect of that parcel; and

            (b)         a plan of survey or sketch plan of that parcel in an approved form; and

            (c)         a statutory declaration stating that all interests, status orders or caveats in respect of that parcel have been fully disclosed and that all documents, plans and other information provided are accurate and complete; and

            (d)         such other information in an approved form as the Minister requires.

        (3)         In addition to making requirements under subclause (2), the Minister may for the purposes referred to in that subclause advertise by such means as the Minister thinks fit a request for members of the public to provide to the Minister information of the kind referred to in subclause (2)(a), (b), (c) and (d).

        (4)         A plan of survey or sketch plan prepared from information provided in response to a requirement under subclause (2) or an advertisement under subclause (3) or both —

            (a)         may show the geographical locations and boundaries of each interest, status order or caveat in respect of the relevant parcel which differ from those described in documentary evidence referred to in subclause (2)(a), or subclause (3) as read with subclause (2)(a), if that difference is caused by —

                  (i)         the inaccuracy or inadequacy of any description, diagram, plan of survey or sketch plan of that parcel; or

                  (ii)         any discrepancy between actual measurements or bearings at any time made, marked or taken on the ground and those set out in the instruments creating or evidencing that interest or status order, or in that caveat; or

                  (iii)         any prescribed circumstance;

                and

            (b)         must be prepared in accordance with good land use planning principles.

        (5)         A plan of survey or sketch plan referred to in subclause (3) must be approved by an authorised land officer.

        (6)         The Minister must ensure that —

            (a)         documentary evidence provided under subclause (2)(a), or subclause (3) as read with subclause (2)(a), is lodged; and

            (b)         plans of survey or sketch plans are lodged,

                with the Registrar when the Minister makes an application under section 29.

        (7)         The Registrar must deal with the evidence and plans lodged under subclause (5) in accordance with section 81U of the TLA.

        (8)         Anything done in relation to a parcel of land before the appointed day which would have been valid had it been done after the appointed day is to be taken to have been valid and lawfully done.

46 .         Dealings or caveats as to Crown land to be registered or recorded within transitional period

        (1)         For the purposes of clauses 44 and 45, each person who has a dealing or caveatable interest in respect of Crown land created before the commencement of the transitional period may, within the transitional period, lodge that dealing or a caveat in respect of that interest with the Registrar for registration or recording, as the case requires.

        (2)         A dealing which is not registered, or an interest in respect of which a caveat is not recorded, before the expiry of the transitional period is void as against a prior registered dealing or recorded caveat in respect of the same parcel of Crown land to the extent of any inconsistency between the first-mentioned dealing or caveat and that prior registered dealing or recorded caveat.

        (3)         Nothing in this clause prevents the registration of a dealing or the recording of any caveat referred to in subclause (1) after the expiry of the transitional period.

47 .         Purported assignment of certain leases validated and registrable as transfers of leases

                The purported assignment of a lease under the repealed Act or any other written law, or under the TLA before the appointed day (whether registered as an assignment under the repealed Act or not), may be registered under this Act as read with the TLA as a transfer of the lease and, if so registered, is to be regarded as having taken effect as a valid transfer of the lease on the date of that purported assignment.

48 .         Licences continued under cl. 9, 10(2) and 15 caveatable under TLA

                A licence to which clause 9, 10(2) or 15 applies and which continues to subsist by virtue of this Schedule is an estate or interest capable of being claimed by caveat lodged under the TLA.

49 .         Caveat lodged under repealed Act s. 152

                A caveat lodged under section 152 of the repealed Act but not recorded before the appointed day may be recorded under this Act against a certificate of Crown land title or qualified certificate of Crown land title.

50 .         Incomplete execution against land under repealed Act s. 159

                An execution against land begun under section 159 of the repealed Act as read with the TLA, but not completed, before the appointed day may be completed under that section as read with the TLA as if the repealed Act had not been repealed.

51 .         Incomplete transmission under repealed Act s. 160 if no administration of deceased estate

                A procedure begun under section 160 of the repealed Act, but not completed, before the appointed day may be completed under that section as if the repealed Act had not been repealed.

52 .         Death or lunacy occurring before fencing and improvements completed

                If land is being held under section 161 of the repealed Act by a legal representative, or the person having the charge of the estate, of a person immediately before the appointed day, section 262 of this Act applies to that land.

53 .         Unauthorised structures on public lands

                If the procedure provided for in sections 164A and 164AA of the repealed Act has been begun, but not completed, before the appointed day, that procedure may be completed under the equivalent provisions of sections 270, 271 and 272 of this Act, and this Act applies accordingly with any necessary modifications.

54 .         Delegations in respect of unauthorised structures

        (1)         A delegation in force under section 164B of the repealed Act in respect of section 164A or 164AA of the repealed Act immediately before the appointed day continues in force as if it were a corresponding delegation under section 9(1)(c) of this Act in respect of section 270 or 271 of this Act until revoked under subclause (2).

        (2)         The Minister may revoke a delegation continued in force under subclause (1).

55 .         Auctioneers may sell without licences

                If an auctioneer was, immediately before the appointed day, conducting a sale by auction under section 169 of the repealed Act, that section continues to apply to the auctioneer as if the repealed Act had not been repealed until that sale is concluded.

56 .         Previous restriction of public access validated

                Any restriction of public access to an area —

            (a)         leased under a power conferred under section 33(2) of the repealed Act, which restriction was imposed by or on behalf of the lessee; or

            (b)         leased in accordance with a direction given under section 33(3) of the repealed Act, which restriction was imposed by or on behalf of the lessee; or

            (c)         subleased under section 33(3a) of the repealed Act, which restriction was imposed by or on behalf of the sublessee,

                before the appointed day is, unless imposed contrary to the terms of the relevant lease or sublease, to be taken to have been valid and lawfully imposed.