Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 81T

81T .         Registered proprietors etc. protected against ejectment except in certain cases

        (1)         Subject to section 68, an action of ejectment or other action for the recovery of any alienated land does not lie, and is not sustainable, against the person registered as the proprietor of that land under this Act, except in the case of —

            (a)         the Minister for Lands exercising the powers of sale conferred by section 16(4) of the Land Administration Act 1997 as against that person; or

            (b)         the Minister for Lands causing the forfeiture of the freehold of that alienated land under section 35 of the Land Administration Act 1997 as against that person; or

            (c)         the Minister for Lands exercising the power conferred by section 36(c)(ii) of the Land Administration Act 1997 as against that person; or

            (d)         the Minister for Lands acquiring that alienated land as Crown land under section 52 of the Land Administration Act 1997 as against that person; or

            (e)         an acquiring authority taking an interest in that alienated land under Part 9 of the Land Administration Act 1997 as against that person.

        (2)         Subject to section 68, an action of ejectment or other action for the recovery of any Crown land does not lie, and is not sustainable, against the management body of a reserve or mall reserve except in the case of —

            (a)         the Minister for Lands exercising the power conferred by section 50(1) or (2) or 62(3)(a) of the Land Administration Act 1997 ; or

            (b)         an acquiring authority exercising the power conferred by section 161(1)(c) of the Land Administration Act 1997 ,

                as against that management body.

        (3)         Subject to section 68, an action of ejectment or other action for the recovery of a Crown lease or other lease of Crown land does not lie, and is not sustainable, against the person registered as the proprietor of that Crown lease or other lease under this Act except in the case of —

            (a)         the Minister for Lands extinguishing that Crown lease or other lease under section 10(4) of the Land Administration Act 1997 ; or

        [(b)         deleted]

            (c)         the Minister for Lands causing the forfeiture of that Crown lease or other lease under section 35 of the Land Administration Act 1997 in respect of the breach of a condition or covenant; or

            (d)         the Minister for Lands accepting the surrender of that Crown lease or other lease under section 81(1) of the Land Administration Act 1997 ; or

            (e)         an acquiring authority taking that Crown lease or other lease under Part 9 of the Land Administration Act 1997 ; or

            (f)         the purchaser of that Crown lease or other lease under section 261(1) of the Land Administration Act 1997 ; or

            (g)         the Minister for Lands acting under section 270 of the Land Administration Act 1997 ,

                as against that person.

        [Section 81T inserted: No. 31 of 1997 s. 104(1); amended: No. 4 of 2023 s. 149.]

        [Heading inserted: No. 31 of 1997 s. 104(1).]