Western Australian Current Acts Western Australian Current Acts [Heading inserted: No. 59 of 2000 s. 47.]
[s. 284]
In this Schedule,
unless the contrary intention appears —
land reserved means land reserved under the
Land Act 1898 4 or an Act or regulation repealed by section 2 of the
Land Act 1898 4 or by section 4 of the Land Act 1933 and remaining so reserved
immediately before the appointed day;
pre-1933 legislation has the same definition as it
has in section 283.
[Clause 1 inserted: No. 59 of 2000 s. 47.]
2 . Crown grants made before Land Act 1933
(1) A Crown grant
conveying to the grantee a portion of Crown land in fee simple of any reserve
granted under pre-1933 legislation and subsisting immediately before the
appointed day is to be taken to be land transferred in fee simple subject to
conditions referred to in section 75(1) of this Act but subject to —
(a) the
same conditions and with the same purpose as the fee simple so granted except
that any condition under which the consent of the Governor is required is
taken instead to be a condition under which the consent of the Minister is
required; 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) If land in fee
simple granted within the meaning of subclause (1) has a classification of
Class A under section 2(1) of the Permanent Reserves Act 1899 11 the land is
to be taken to be, and to have been on and from the appointed day, land that
may be dealt with in the same manner as if it were a class A reserve under
Part 4 of this Act.
(4) If land in fee
simple granted within the meaning of subclause (1) has a classification under
section 2(2) or (3) of the Permanent Reserves Act 1899 11 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 2 inserted: No. 59 of 2000 s. 47.]
3 . Crown reserves created before Land Act 1933
(1) Any land reserved
is to be taken to be land reserved under section 41 of this Act.
(2) Any land reserved
that was classified as a Class A reserve and remained so classified
immediately before the appointed day is to be taken to be, and to have been on
and from the appointed day, a class A reserve.
(3) Any land reserved
that was classified as a Class B reserve and remained so classified
immediately before the appointed day is to be taken to be, and to have been on
and from the appointed day, a Class B reserve under section 31 of the repealed
Act and 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.
(4) For the purposes
of subclause (3), 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.
(5) Any land reserved
that was classified as a Class C reserve and remained 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.
(6) A vesting order
made under section 42 of the Land Act 1898 4 and subsisting immediately
before the appointed day continues, subject to this Act, to subsist, and is
taken to have continued to so subsist on and from 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.
(7) If, before the
appointed day, a vesting order that subsists under subclause (6) as if it were
an order made under section 46(3) did not require the Governor’s consent
to dealings in interests in the land the subject of the order, the
Minister’s approval to dealings in the land under section 18 is not
required.
(8) An order made
under section 43 of the Land Act 1898 4 and subsisting immediately before the
appointed day continues, subject to this Act, to subsist, and is taken to have
continued to so subsist on and from the appointed day, as if that order were a
management order.
(9) Where under an
Order in Council made under section 43 of the Land Act 1898 4 a board of
management has power to make, repeal and alter by-laws for the control and
management of a reserve —
(a) any
such by-laws in force before the appointed day continue in force until
repealed under this subclause or until the management order is revoked under
section 50, whichever first occurs; and
(b) the
board of management having control of the reserve may make, repeal, or alter
by-laws in relation to the reserve as if, and with effect as if, section 43 of
the Land Act 1898 4 had not been repealed.
[Clause 3 inserted: No. 59 of 2000 s. 47.]
4 . Leases granted under Land Act 1898
(1) Any lease for 999
years granted under section 42 of the Land Act 1898 4 and subsisting
immediately before the appointed day is to be taken to be and to have been on
and from the appointed day a lease granted under section 47 of this Act for
the balance of its unexpired term, except that any condition in the lease
under which the consent of the Governor is required is to be taken to be a
condition under which the consent of the Minister is required.
(2) Any consent
referred to in subclause (1) given before the coming into operation of section
47 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 with the Governor’s consent.
[Clause 4 inserted: No. 59 of 2000 s. 47.]
5 . Other leases granted under pre-1933
legislation
(1) A lease of land or
a part of the land in a reserve granted under pre-1933 legislation subsisting
immediately before the appointed day is to be taken to be and to have been on
and from the appointed day a lease granted under section 47, except that any
condition in the lease under which the consent of the Governor is required is
to be taken to be a condition under which the consent of the Minister is
required.
(2) Any consent
referred to in subclause (1) given before the coming into operation of section
47 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 with the Governor’s consent.
[Clause 5 inserted: No. 59 of 2000 s. 47.]
This is a compilation of the Land Administration Act 1997 and includes
amendments made by other written laws 18 . For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
30 of 1997 |
3 Oct 1997 |
s. 1 and 2: 3 Oct 1997; | |
|
Dampier to Bunbury Pipeline Act 1997 s. 52 (Sch. 4 Div. 6) |
53 of 1997 |
12 Dec 1997 |
30 Mar 1998 (see Sch. 4 Div. 6 cl. 30 and Gazette 27 Mar 1998 p. 1765) |
|
Acts Amendment (Land Administration, Mining and Petroleum) Act 1998 Pt. 2
(except s. 4 and 7) 7 |
61 of 1998 (as amended by No. 60 of 1999 s. 7.3) |
11 Jan 1999 |
11 Jan 1999 (see s. 2(1)) |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 90 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
|
58 of 1999 |
24 Dec 1999 |
16 Dec 2000 (see s. 2(5) and Gazette 15 Dec 2000 p. 7201) | |
|
Rail Freight System Act 2000 Pt. 5 Div. 4 12 |
13 of 2000 |
8 Jun 2000 |
30 Jun 2000 (see s. 2(1) and Gazette 30 Jun 2000 p. 3397) |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 14(13) and 20 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Acts Amendment (Australian Datum) Act 2000 s. 4 |
54 of 2000 |
28 Nov 2000 |
16 Dec 2000 (see s. 2 and Gazette 15 Dec 2000 p. 7201) |
|
Land Administration Amendment Act 2000 2 , 5, 6, 13, 14 |
59 of 2000 |
7 Dec 2000 |
s. 38(1): 30 Mar 1998 (see s. 2(4) and Gazette 27 Mar 1998 p. 1765); |
|
Reprint of the Land Administration Act 1997 as at 22 Jun 2001 (includes
amendments listed above) | |||
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
|
31 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2384) | |
|
Acts Amendment (Carbon Rights and Tree Plantation Agreements) Act 2003 Pt. 2 |
56 of 2003 |
29 Oct 2003 |
24 Mar 2004 (see s. 2 and Gazette 23 Mar 2004 p. 975) |
|
60 of 2003 |
7 Nov 2003 |
1 Dec 2006 (see s. 2 and Gazette 8 Aug 2006 p. 2899) | |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 72 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Acts Amendment (Reserves and Reserve Boards) Act 2003 Pt. 2 |
76 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 15 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 67 Subdiv. 1 16, 17 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction by Gazette
7 Jan 2005 p. 53)) |
|
Reprint 2: The Land Administration Act 1997 as at 24 Jun 2005 (includes
amendments listed above except those in the Contaminated Sites Act 2003 ) | |||
|
Financial Administration Legislation Amendment Act 2005 s. 42 |
5 of 2005 |
27 Jun 2005 |
1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6243) |
|
18 of 2005 |
13 Oct 2005 |
1 Apr 2006 (see s. 2(2) and Gazette 31 Mar 2006 p. 1153) | |
|
Water Legislation Amendment (Competition Policy) Act 2005 Pt. 4 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette 2 Jun 2006 p. 1985) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
Pt. 2 Div. 2 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 13 Div. 1 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Reprint 3: The Land Administration Act 1997 as at 15 Sep 2006 (includes
amendments listed above except those in the Contaminated Sites Act 2003 ) | |||
|
Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006
s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette 25 Sep 2007 p. 4835) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 93 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 11 and 90 |
24 of 2007 |
12 Oct 2007 |
s. 11: 24 Oct 2007 (see s. 2(1) and Gazette 23 Oct 2007 p. 5645); |
|
Petroleum Amendment Act 2007 s. 98 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251) | |
|
Reprint 4: The Land Administration Act 1997 as at 4 Jul 2008 (includes
amendments listed above except those in the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 90) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 83 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s. 48 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Land Administration Amendment Act 2009 |
32 of 2009 |
26 Nov 2009 |
s. 1 and 2: 26 Nov 2009 (see s. 2(a)); |
|
Statutes (Repeals and Minor Amendments) Act 2009 s. 17 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
|
Reprint 5: The Land Administration Act 1997 as at 9 Apr 2010 (includes
amendments listed above except those in the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 90) | |||
|
Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 5 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Personal Property Securities (Consequential Repeals and Amendments) Act 2011
Pt. 8 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl.
5 registered 21 Nov 2011) |
|
Statutes (Repeals and Minor Amendments) Act 2011 s. 16 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 27 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
|
23 of 2012 |
29 Aug 2012 |
7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677) | |
|
Water Services Legislation Amendment and Repeal Act 2012 s. 220 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
|
Reprint 6: The Land Administration Act 1997 as at 16 Nov 2012 (includes
amendments listed above except those in the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 90, Commercial Arbitration Act 2012 ; Water Services Legislation
Amendment and Repeal Act 2012 and the Road Traffic Legislation Amendment Act
2012 ) | |||
|
Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 16 |
25 of 2014 |
3 Nov 2014 |
30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4632) |
|
Conservation and Land Management Amendment Act 2015 s. 76 |
28 of 2015 |
19 Oct 2015 |
7 May 2016 (see s. 2(b) and Gazette 6 May 2016 p. 1379-80) |
|
Land Administration (South West Native Title Settlement) Act 2016 Pt. 6 |
10 of 2016 |
16 May 2016 |
6 Jun 2016 (see s. 2(b) and Gazette 27 May 2016 p. 1548) |
|
Biodiversity Conservation Act 2016 s. 318(1) and (2)(a) |
24 of 2016 |
21 Sep 2016 |
1 Jan 2019 (see s. 2(b) and Gazette 14 Sep 2018 p. 3305) |
|
Reprint 7: The Land Administration Act 1997 as at 6 Oct 2017 (includes
amendments listed above except those in the Biodiversity Conservation Act 2016
s. 318) | |||
|
Strata Titles Amendment Act 2018 Pt. 3 Div. 9 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
|
Land and Public Works Legislation Amendment Act 2023 Pt. 2 (other than s. 6,
29, 30, 31, 82, 88) |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL2023/132 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|
|
Acts Amendment (Land Administration, Mining and Petroleum) Act 1998 s. 4 and 7
1 |
61 of 1998 |
11 Jan 1999 |
s. 4 comes into operation on the day on which Pt. 5 of the
Native Title (State Provisions) Act 1999 comes into operation (see s. 2(2));
|
|
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except s. 2.2), Pt. 3 (except
s. 3.1) and Pt. 4 (see s. 1.2) | |
|
Public Health (Consequential Provisions) Act 2016 Pt. 5 Div. 11 |
19 of 2016 |
25 Jul 2016 |
To be proclaimed (see s. 2(1)(c)) |
|
Biodiversity Conservation Act 2016 s. 318(2)(b) |
24 of 2016 |
21 Sep 2016 |
To be proclaimed (see s. 2(b)) |
|
Land and Public Works Legislation Amendment Act 2023 Pt. 2 (s. 6, 29, 30, 31,
82, 88) |
4 of 2023 |
24 Mar 2023 |
To be proclaimed (see s. 2(b)) |
|
Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 30 |
23 of 2023 |
24 Oct 2023 |
Immediately after the Land and Public Works Legislation Amendment Act 2023 s.
82 comes into operation (see s. 2(c)(ii)) |
1 The Acts Amendment (Land Administration, Mining
and Petroleum) Act 1998 s. 4 and 7, which had not come into operation on the
date as at which this compilation was prepared (see endnotes 1a and 2), will
be repealed by the Native Title (State Provisions) Act 1999 s. 7.3 (Sch. 2
Div. 1 cl. 3), which as at the date of this compilation had also not come into
operation.
2 The Land Administration Amendment Act 2000 s.
8(6), (7) and (8) read as follows:
(6) Despite
section 18(6) of the Land Administration Act 1997 , an act —
(a) done
in contravention of section 18(1), (2), (3) or (4) of that Act on or before
the coming into operation of this section;
(b)
that, if it had been done after the coming into operation of this section,
would have required the approval in writing of the Minister; and
(c)
approved in writing by the Minister within 12 months, or such longer period as
may be prescribed under that Act, after the coming into operation of this
section,
is, and is taken
always to have been, as valid and effective as it would have been if the act
were done with the approval in writing of the Minister.
(7) Despite
section 18(6) of the Land Administration Act 1997 , an act —
(a) done
in contravention of section 18(1), (2), (3) or (4) of that Act on or before
the coming into operation of this section; and
(b)
that, if it had been done after the coming into operation of this section,
would not have required the approval in writing of the Minister,
is, and is taken
always to have been, as valid and effective as it would have been if the act
were done with the approval in writing of the Minister.
(8) Despite
section 18(6) of the Land Administration Act 1997 , if within 12 months of
the day on which this section comes into operation an act is done in
contravention of section 18(1), (2), (3), or (4) of that Act as amended by
this section that act is valid and effective if, within 12 months of the day
on which this subsection comes into operation, the Minister approves the act
in writing.
3 The Mental Health Act 1962 was repealed by the
Mental Health (Consequential Provisions) Act 1996 s. 52 .
4 The Land Act 1898 was repealed by the Land Act
1933 , which was repealed by the Land Administration Act 1997 s. 281(1) .
5 The Land Administration Amendment Act 2000 s.
12(4), (5) and (6) read as follows:
(4) Section 46(3a) of
the Land Administration Act 1997 as inserted by subsection (1) applies in
respect of any order made under section 46(3)(a) of that Act, whether that
order was made on, before, or after the coming into operation of subsection
(1).
(5) Section 46(3b) of
the Land Administration Act 1997 as inserted by subsection (1) applies in
respect of an order made under section 46(3)(a) of that Act, whether that
order was made on, before, or after the coming into operation of subsection
(1).
(6) Section 46(7),
(8), (9), and (10) of the Land Administration Act 1997 (the Act ), as
inserted by section 12(3) of the Land Administration Amendment Act 2000
applies in respect of —
(a) any
order made, or purportedly made, under section 46(1) of the Act;
(b) a
lease, sublease, or licence granted, or purportedly granted, by a person
referred to in section 46(10) in a manner consistent with the order, any order
made under section 46(3)(a) of the Act and the Act; and
(c) any
other instrument entered into, or purportedly entered into, by a person
referred to in section 46(10) in relation to the care, control and management
of a reserve,
on or before the
coming into operation of section 12(3) of the Land Administration Amendment
Act 2000 as if section 46(7), (8), (9), and (10) had come into operation on
the day on which the Act came into operation.
6 The Land Administration Amendment Act 2000 s.
18(2) reads as follows:
(2) If the Minister
has not caused notice of the registration of an order made under section 58(4)
of the Land Administration Act 1997 to be published in a newspaper circulating
in the district of the relevant local government under section 58(5)(c) of the
Land Administration Act 1997 , that failure does not render the order invalid
and the order is, and is taken always to have been, as valid and effective as
it would have been if the notice had been so published.
7 The Acts Amendment (Land Administration, Mining
and Petroleum) Act 1998 s. 13(3) reads as follows:
(3) The application of
section 170 of the Land Administration Act 1997 as amended by this section
extends to a notice of intention, as defined in section 151 of that Act, that
is current at the commencement of this section.
8 The Prescription Act 1832 (UK) is an Imperial
Act adopted in WA by the Imperial Acts Adopting Act 1836.
9 The Acts Amendment (Land Administration) Act
1997 commenced on 30 Mar 1998. See s. 2 and Gazette 27 Mar 1998 p. 1765 .
10 The Discharged Soldiers Settlement Act 1918 was
repealed by the Miscellaneous Repeals Act 1986.
11 The Permanent Reserves Act 1899 was repealed by
the Native Flora Protection Act 1935 , which was repealed by the Wildlife
Conservation Act Amendment Act 1976.
12 The Rail Freight System Act 2000 Pt. 5 Div. 4
relevantly reads as follows:
Division 4 — Land Administration Act 1997
96. The Act amended or modified
The amendments or
modifications in this Division are to the Land Administration Act 1997 .
[ 97-99. Omitted under the Reprints Act 1984 s.
7(4)(e).]
100. Sections 187- 191 not to apply
Sections 187 to 191 do
not apply to or in relation to corridor land.
101. Taking of land to be as if for the conferral
of rights
When applying the
Land Administration Act 1997 , the taking of land for the purpose of dealing
with it as corridor land under this Act is to be regarded as being for the
purpose of, and the land is to be regarded as being required for the purpose
of, the grant of interests in the land under this Act, whether or not
interests have already been granted under this Act in respect of the land.
13 The Land Administration Amendment Act 2000 s.
48, 49 and 50 read as follows:
48. Validation of certain purported offers of
leases
(1) If a lessee of a
pastoral lease or a former lessee of a pastoral lease —
(a) was
given a notice under section 98(11) of the Land Act 1933 ; or
(b) was,
after 31 December 1995 and before the coming into operation of the
Land Administration Act 1997 , given notice in writing by the Minister that
the Minister would upon the expiration of the pastoral lease extend that lease
or grant to the lessee a new lease of the whole or part of the land the
subject of that lease,
then —
(c) that
notice is deemed to be, and always to have been, a valid and effective offer
of a lease or an extension of a lease, as the case may be;
(d) any
acceptance of that offer by the lessee is deemed to be and, in the case of an
offer accepted before the coming into operation of this section, always to
have been valid and effective; and
(e) any
lease or extension of a lease arising from an offer and acceptance referred to
in paragraphs (c) and (d) is deemed to be and always to have been valid and
effective.
(2) Without limiting
the effect of subsection (1) —
(a) the
offer is deemed to have been made to the person who at the time the notice was
given was the lessee of the lease in respect of which the notice was given;
(b) if
the offer was made in relation to a lease by reference to the name of a
station and not by reference to the location details of the land contained in
the lease or the registered number of the lease under the Transfer of Land
Act 1893 , the offer is deemed to have been made in relation to the land
contained in the registered lease applicable to that station at the time the
notice was given;
(c) if
the offer was for a lease or an extension of the lease, the term of the lease
or the extension offered is to be for the same term as the term of the
existing pastoral lease;
(d) the
annual rent payable for the lease or extension of a lease, as the case may be,
is to be and is taken always to have been determined under section 123 of the
Land Administration Act 1997 ;
(e) the
offer is to be regarded as being accepted in relation to the land contained in
the existing pastoral lease at the time the offer is accepted (other than any
land excluded under subsections (3) to (6)); and
(f)
unless otherwise provided in this subsection, the text and terms and
conditions of the lease or extension of the lease are the terms and conditions
specified in the notice given to the lessee.
(3) The Minister may
for a public purpose exclude land from a lease or extension of lease referred
to in subsection (1) by giving a notice in writing under subsection (4) to the
lessee, or the successor in title to the lessee, (the lessee ) not later than
2 years after the day on which this section comes into operation.
(4) The notice under
subsection (3) is to contain the following information —
(a) a
description of the area of land to be excluded from the lease;
(b) the
reason for the land being excluded from the lease;
(c) any
reduction in the rent payable under the lease as a result of the exclusion of
the land from the lease;
(d) any
proposed variation in the conditions of the lease as a result of the exclusion
of the land from the lease; and
(e) that
the land is to be excluded from the lease or extension concerned upon the
commencement of the lease or extension, as the case may be.
(5) If a lessee is
given a notice under subsection (4) the lessee may —
(a)
accept the conditions contained in the notice;
(b)
withdraw from the agreement to lease or to extend the lease; or
(c)
enter into negotiations with the Minister on the area to be excluded from the
lease or the rent to be paid as a result of the exclusion of the land from the
lease.
(6) If agreement is
not reached on the matters referred to in subsection (5)(c) by the day that is
2 years, or such other longer period as may, for the purposes of this section,
be prescribed under the Land Administration Act 1997 , after the day on which
the notice was given to the lessee (the final day ), the lessee is deemed to
have withdrawn from the agreement to lease or to extend the lease on the final
day.
(7) If land is not to
be excluded from a lease or extension of a lease referred to in subsection (1)
for a public purpose under this section, the Minister may give notice in
writing to that effect to the lessee not later than 2 years after the day on
which this section comes into operation.
(8) If a notice is not
given by the day specified in subsection (3) no land may be excluded from the
lease under that subsection.
(9) In this section
—
existing pastoral lease means a pastoral lease
subsisting under the Land Act 1933 immediately before the appointed day as
defined in section 3(1) of the Land Administration Act 1997 ;
public purpose has the same definition as it has
in section 143(10) of the Land Administration Act 1997 .
49. Pastoral leases: extension of period for
acceptance of offer
If —
(a) a
notice has been given, or purported to be given, under section 98(11) of the
Land Act 1933 ; and
(b) the
offer or purported offer has not been accepted under section 98(11)(c) of the
Land Act 1933 ,
the lessee, or the
successor in title to the lessee, may accept the offer not later than the day
that is 12 months after the day on which this section comes into operation or
such other day as may, for the purposes of this section, be prescribed under
the Land Administration Act 1997 .
50. Offers in relation to certain leases
If a person is given a
notice under section 143(6)(d) of the Land Administration Act 1997 then the
notice is a valid and effective offer of a lease or an extension of the lease,
as the case may be, despite —
(a) the
fact that the person to whom the notice was given was not the lessee at the
time the notice was given;
(b) the
fact that the offer was made in relation to a lease by reference to the name
of a station and not by reference to the certificate of Crown land title,
qualified certificate of Crown land title or other location details of the
land contained in the lease or the registered number of the lease under the
Transfer of Land Act 1893 , in which case the offer is deemed to have been
made in relation to the land contained in the registered lease applicable to
that station at the time the notice was given;
(c) the
fact that the offer of a lease or an extension of the lease did not state the
term of the lease or extension or was not for the same term as the term of the
existing pastoral lease, in which case the term of the lease or extension of
lease is deemed to have been made for the same term as the term of the
existing pastoral lease;
(d) the
notice stating that rent reviews during the lease or the extension of the
lease are to be under section 123(4) of the Land Administration Act 1997 , in
which case the annual rent payable for the lease or extension of a lease, as
the case may be, is to be and is taken always to have been determined under
section 123 of the Land Administration Act 1997 ; and
(e) the
notice not stating that the land the subject of the offer is the land
contained in the existing pastoral lease other than any land excluded under
section 143(6d) to (6i), in which case the offer is to be regarded as being
accepted in relation to the land contained in the existing pastoral lease at
the time the offer is accepted (other than any land excluded under those
subsections),
and, unless otherwise
provided in this subsection, the text and terms and conditions of the lease or
extension of the lease are the terms and conditions specified in the notice
given to the lessee.
14 The Land Administration Amendment Act 2000 s.
52 reads as follows:
52. Reserve No. 1667
(1) Reserve No. 1667
in the City of Nedlands, classified as a class A reserve, comprising 8.2005
hectares dedicated to the purpose of an “Old Men’s Depot
site”, is amended, despite sections 42 and 43 of the
Land Administration Act 1997 , by changing the purpose of the Reserve to
“Retirement village, parks and recreation, community, and ancillary
commercial purposes”.
(2) The Reserve is
taken to have been reserved under section 41 of the
Land Administration Act 1997 for the purpose specified in subsection (1).
(3) The Minister is to
make an order that is to be taken to be an order made by the Minister under
the Land Administration Act 1997 that the purpose of Reserve No. 1667 is
changed in the manner referred to in subsection (1).
15 The Courts Legislation Amendment and Repeal Act
2004 Sch. 2 cl. 26 was deleted by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
16 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28, 33 and 42 deal with certain transitional issues some
of which may be relevant for this Act.
17 The State Administrative Tribunal Regulations
2004 r. 33 reads as follows:
33. Land Administration Act 1997
(1) In this regulation
—
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act
2004 Part 2 Division 67 comes into operation.
(2) If a matter has
been partly or fully heard, but not determined, by a Compensation Court under
the Land Administration Act 1997 immediately before the commencement day
—
(a) the
Act section 167(4)(b) does not apply; and
(b) the
matter is to continue to be dealt with as if the written law applicable to the
matter in force immediately before the commencement day continued to apply.
18 The Acts Amendment (Court of Appeal) Act 2004
Sch. 1 cl. 22 was deleted by the Criminal Law and Evidence Amendment Act 2008
s. 75(4).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Account
8(1)
acquiring authority 151(1)
additional interests 29(2)
address
274(2)
adjoining 3(1)
adjoining land
87(1)
agreement land
15(2)
alienated land 3(1)
alleged unauthorised
structure 270(1)
amenity
15(8)
ancillary purpose 106(3)
annual rent
124A(1)
appointed day
3(1)
appointed members 97(1a)
approved body
corporate 83(3)
approved form
3(1)
approved land management accreditation system
92I, 93
assessor member 231
authorised land
officer 3(1)
authorised stock
93
Board 3(1)
carbon covenant
3(1)
carbon right 3(1)
caveat
3(1)
certificate of Crown land title
3(1)
certificate of title 3(1)
certified
pastoral lessee 93
claimant
151(1)
class A nature reserve 45(1)
class A
reserve 3(1)
commencement day
122G, 285(1), 286(1)
commencement year
285(1)
Commissioner 3(1)
Commissioner of Main
Roads 3(1)
company 93
condition 3(1)
conditional purchase lease
80(1)
conditional tenure land
72
condition of land 3(1)
conservation park
45(1)
contact details 275A(1)
continuing lease 114(1)
corresponding quarter
122G
covenant 3(1)
CPI
number 122G
Crown
264(4)
Crown land 2(1)
Crown land interest holder
275A(1)
Crown lease
3(1)
date of taking 151(1)
DBNGP corridor
3(1)
dealing 3(1)
deemed
application 143(6)
Department
3(1), 202(4)
designate 151(1)
designated
151(1)
designation
151(1)
determination day 123
determined annual
rent 124A(1)
disclosure
275A(5)
diversification lease 3(1), 92B(1)
diversification lessee 3(1)
due date
113(1)
employee 72
excision order
51AA(1)
existing pastoral lease
143(1), 285(1)
expiring lease 105(2)
expiring permit 122C(1)
external Territory
3(1)
final day 143(6g)
first
Act 200(2)
first CPI determination day
122G
former section 113
285(1)
geothermal energy 5(2)
geothermal energy
resources 5(2)
grantee
143A
high water mark 3(1)
holding authority
151(1)
in accordance with the NTA
153(3), 154(3)
instrument 3(1)
interest
3(1), 50(4A), 151(1), Sch. 2 cl. 1(2)
inundated
land 3(1)
land 3(1)
land administration expertise 3(1)
land condition
standards 93, 100A(1)
land district
3(1)
landholder 87(3)
land
management accreditation system 93, 100C(1)
land
management guidelines 93, 100A(3)
land reserved
Sch. 3 cl. 1
lease
3(1)
leasehold scheme 3(1)
licence
3(1)
location 3(1), 3A(1)
lot
3(1), 3A(1)
mall reserve 3(1)
managed reserve 3(1)
management body
3(1)
management lease 50(6)
management lessee 50(6)
management order
3(1), 50(7)
management plan
3(1), 108A(2)
metropolitan region 274(6)
mining,
petroleum or geothermal energy right 3(1)
Minister
3(1)
mortgage debt
251(2)
national park 45(1)
native title
151(1)
native title holder
151(1)
native title rights and interests 151(1)
nature reserve 45(1)
new section 113
285(1)
notice 270(1)
notice of
intention 151(1)
NTA
151(1)
occupier 151(1)
order
3(1)
original portion 176(1)
owner of a
leasehold scheme 72
pastoral lease
3(1), 101(1)
pastoral lessee 3(1)
pastoral purposes 93
permit rent
122G, 124(1)
permitted stock 93
phase-in period 124A(4)
Planning Commission
3(1)
plant 267(1)
positive
covenant 3(1)
pre-1933 legislation
283, Sch. 3 cl. 1
previous determination
125(1A)
previous quarter 122G
previous
Valuer-General determination date 122G
principal
proprietor 151(1)
Principal Registrar of the
Supreme Court 151(1)
private road
3(1)
profit à prendre 3(1)
Program 8(1)
prohibited stock
93
proprietor 151(1)
public access route
3(1)
public authority
275A(1)
public purpose 143(10)
public service
officer 3(1)
public utility services
3(1)
public work 3(1)
qualified
190(2)
qualified certificate of Crown land title
3(1)
railway 151(1)
recorded 3(1)
Register
3(1)
registered 3(1), 15(2)
registrable
15(2)
Registrar 3(1)
Registrar of Deeds 151(1)
Registrar of Titles
3(1)
relevant interest
51AA(1)
relevant local government 63
relevant
public authority 30(2)
remaining sitting days
43(4)
remuneration
3(1)
rent review year 122G
repealed Act
3(1)
repealed legislation
Sch. 2 cl. 30(2)
reservation 3(1)
reserve
3(1)
reserve excision order
22(1)
resolution without dissent 72
respondent
35(1)
responsible entity
270(1)
responsible person Sch. 2 cl. 45(1)
return end date 113(1)
return period
113(1)
revocation order 51(1)
road
3(1)
scheme 3(1)
scheme by-laws 72
second Act
200(2)
small portion 176(1)
soil
conservation notice 3(1)
special Act
151(1)
specified purpose 144(4)
specified use 75(1)
State instrumentality
3(1)
status order 3(1), Sch.
2 cl. 1(2)
stock 3(1)
strata company
72
strata lease 72
structure
267(1)
subject Crown land 63
subject land 16(7), 52
subsidiary certificate of
Crown land title 3(1)
surrendered lease
105A(1)
survey mark 268(3)
take 151(1)
taken
151(1)
taker 87(3)
taking
151(1)
taking order 151(1)
term
81A(1)
TLA 3(1)
townsite
3(1), 26(1)
transferee
134A(1)
transitional period 3(1)
trustee
261(3)
unallocated Crown land
3(1)
unauthorised structure 270(1)
unmanaged
reserve 2(1)
war service land
Sch. 2 cl. 30(2)
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.
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.
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