Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament a
Bill to amend the Land Administration Act 1997.
Land Administration Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 93 amended 2
5. Section 101 amended 3
6. Section 102 amended 3
7. Section 114 amended 4
8. Section 123 amended 4
9. Section 140 amended 4
10. Sections 140A and 140B inserted 5
140A. Rolling tenure pastoral leases 5
140B. Excision of land from a rolling tenure
pastoral lease 7
11. Section 142 amended 8
12. Section 143A inserted 9
143A. Conversion of pastoral leases expiring on
30 June 2015 to rolling tenure pastoral
leases 9
228--1 page i
Western Australia
LEGISLATIVE ASSEMBLY/COUNCIL
Land Administration Amendment Bill 2007
A draft for public comment of
A Bill for
An Act to amend the Land Administration Act 1997.
The Parliament of Western Australia enacts as follows:
page 1
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 1
1. Short title
This is the Land Administration Amendment Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
The amendments in this Act are to the Land Administration
10 Act 1997.
4. Section 93 amended
Section 93 is amended by inserting in the appropriate
alphabetical positions --
"
15 "Native Title Act Register" means the Register of
Indigenous Land Use Agreements kept under the
Native Title Act 1993 (Commonwealth) Part 8A;
"rolling tenure pastoral lease" means a pastoral lease
that contains a declaration that it is a rolling tenure
20 pastoral lease;
".
page 2
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 5
5. Section 101 amended
(1) After section 101(1) the following subsections are inserted --
"
(1a) A pastoral lease granted on or before 30 June 2025
5 under subsection (1) may contain a declaration that it is
a rolling tenure pastoral lease.
(1b) A pastoral lease granted on or after 1 July 2025 under
subsection (1) must declare in the lease that it is a
rolling tenure pastoral lease.
10 (1c) The original grant of a rolling tenure pastoral lease
under subsection (1) must specify the term of the lease
to be 40 years.
".
(2) After section 101(3) the following subsection is inserted --
15 "
(3a) Subsection (2) does not apply in relation to a grant of a
lease as a result of the approval of an application under
section 143A.
".
20 6. Section 102 amended
After section 102(1) the following subsection is inserted --
"
(1a) Subsection (1) does not apply to the granting of a
pastoral lease as a result of the approval of an
25 application under section 143A.
".
page 3
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 7
7. Section 114 amended
Section 114(1) is amended in the definition of "continuing
lease" by deleting the full stop and inserting instead --
"
5 ; or
(c) was granted as a result of the approval of an
application under section 143A.
".
8. Section 123 amended
10 Section 123(4) is repealed and the following subsection is
inserted instead --
"
(4) The Valuer-General must determine rents of all
pastoral leases --
15 (a) as at 1 July 1999, and as at the 1 July of each
fifth year thereafter until the rents are
determined as at 1 July 2014; and
(b) then as at 1 July 2017, and as at the 1 July of
each third year thereafter.
20 ".
9. Section 140 amended
(1) Section 140(1) is repealed and the following subsection is
inserted instead --
"
25 (1) This section applies if on or before 30 June 2005 a
lessee has applied in writing to the Minister requesting
an offer of a renewal of a lease under this section.
".
(2) Section 140(2) is repealed.
page 4
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 10
(3) Section 140(3) is amended as follows:
(a) by deleting ", determine that";
(b) in paragraph (a) by inserting before "the lessee is
not" --
5 " determine that ";
(c) after paragraph (a) by inserting --
" or ".
10. Sections 140A and 140B inserted
After section 140 the following sections are inserted --
10 "
140A. Rolling tenure pastoral leases
(1) In this section --
"environmental performance standard" means an
environmental performance standard set by the
15 Rangelands Council established under the
Rangelands Council Act 2007;
"extension" means an extension of the term of a
rolling tenure pastoral lease by a period of
10 years;
20 "indigenous land use agreement", in relation to a
rolling tenure pastoral lease, means an indigenous
land use agreement entered on the Native Title Act
Register that is applicable to the land under the
lease.
25 (2) In order to determine whether or not a lessee should be
offered an extension of the term of a rolling tenure
pastoral lease, the Minister must, on or before the day
that is 10 years or a multiple of 10 years after the day
on which the lease was originally granted (the "review
30 day"), request the written advice of the Board on
whether or not the lessee has complied as described in
subsection (3)(a), (b), (c) and (d).
page 5
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 10
(3) The Minister must, not later than 1 year after the
review day, in writing offer the lessee an extension of
the lease, on specified conditions (if any), if --
(a) the Board advises the Minister that the lessee
5 has complied with all of the terms and
conditions of the rolling tenure pastoral lease;
and
(b) the Board advises the Minister that the lessee
has complied with every provision of the Land
10 Administration Act 1997 applicable to the land
under the lease; and
(c) the Board advises the Minister that the Board is
not aware of any failure of the lessee to comply
with any other written law applicable to the
15 land under the lease; and
(d) the Board advises the Minister that the lessee
has complied with every environmental
performance standard applicable to the land
under the lease; and
20 (e) the Minister is satisfied that in relation to any
court order against the lessee for a breach of an
indigenous land use agreement --
(i) the lessee has complied with the order
by payment of damages or otherwise; or
25 (ii) compliance with the order has been
waived by those entitled to enforce it.
(4) The advice that the Board is required to give under
subsection (3)(a) to (d) is to relate to the period of
10 years ending on the review day.
30 (5) The lessee may in writing accept an offer at any time
within one year after the date that the offer is made.
(6) If an offer is accepted --
(a) the term of the rolling tenure pastoral lease is
extended by a period of 10 years; and
page 6
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 10
(b) any specified condition in the offer applies to
the lease from the day the offer is accepted as if
it were a condition of the lease.
(7) If the Minister is not required to make an offer under
5 subsection (3), the Minister must --
(a) notify the lessee that the Minister is not
required to offer the lessee an extension; and
(b) give the applicant the reason for the Minister
not being required to offer the extension.
10 (8) The Minister may at any time, with or without the
consent of the lessee, in consultation with the Board,
include, vary or revoke a condition in a rolling tenure
pastoral lease.
140B. Excision of land from a rolling tenure pastoral lease
15 (1) The Minister may at any time, not less than one year
before the day (the "excision day") that is 20 years or
a multiple of 20 years after the day on which a rolling
tenure pastoral lease was originally granted, give the
lessee written notice that an area of land is proposed to
20 be excised from the lease if the land to be excised --
(a) does not exceed 10% of the area of the land
under the lease; and
(b) is required for the purpose of a public work as
defined in the Public Works Act 1902 section 2,
25 conservation, a national park, a nature reserve
or a purpose that serves or is intended to serve
the interests of the public or a section of the
public.
(2) A notice under subsection (1) is to include the
30 following information --
(a) a description of the area of land to be excised;
(b) the reason for the area of land being excised;
page 7
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 11
(c) any reduction in the rent payable under the
lease as a result of the excision of the area of
land from the lease;
(d) any proposed variation in the conditions of the
5 lease;
(e) the excision day.
(3) The lessee may enter into negotiations with the
Minister on the area of land to be excised from the
lease or the rent to be paid as a result of the excision of
10 the area of land from the lease.
(4) The Minister may on or after the excision day, by
order, excise from a rolling tenure pastoral lease the
whole or part of the area of land described in the notice
under subsection (2)(a).
15 (5) If an area of land is excised from a rolling tenure
pastoral lease, the lessee is entitled to receive from the
Minister as compensation an amount determined by the
Valuer General to be the market value on the excision
day of any lawful improvements existing on the area of
20 land.
(6) Compensation under subsection (5) is to be paid out of
moneys appropriated by Parliament for the purpose.
(7) Part 9 does not apply to land excised from a rolling
tenure pastoral lease under this section for the purpose
25 of a public work.
".
11. Section 142 amended
After section 142(4) the following subsections are inserted --
"
30 (5) The Minister must not order under this section that a
rolling tenure pastoral lease be amalgamated with a
pastoral lease that is not a rolling tenure pastoral lease.
page 8
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 12
(6) If 2 or more rolling tenure pastoral leases are
amalgamated under this section, the term of the
amalgamated lease is to be taken to be the term of the
leases that were amalgamated that is the greatest.
5 ".
12. Section 143A inserted
After section 143 the following section is inserted in Part 7 --
"
143A. Conversion of pastoral leases expiring on
10 30 June 2015 to rolling tenure pastoral leases
(1) If a pastoral lease --
(a) expires on 30 June 2015; and
(b) the lessee has a right upon the expiration of the
pastoral lease to the grant of an extension of the
15 term of the lease or to the grant to the lessee of
a new lease of the whole or part of the land the
subject of the pastoral lease,
the lessee may apply in writing to the Minister before
1 July 2025 to --
20 (c) surrender the pastoral lease (whether or not its
term has been extended) or surrender the new
lease (if a new lease has been granted); and
(d) be granted a rolling tenure pastoral lease over
the land under the pastoral lease.
25 (2) The Minister must approve an application under
subsection (1) and notify the lessee accordingly if --
(a) the Board advises the Minister that the lessee
has complied with all the terms and conditions
of the pastoral lease to be surrendered; and
page 9
[Draft Bill for public comment]
Land Administration Amendment Bill 2007
s. 12
(b) the Board advises the Minister that the lessee
has complied with any provisions of this Act
relating to the land under the lease; and
(c) the Minister is satisfied that --
5 (i) the lessee has entered into an indigenous
land use agreement under the Native
Title Act 1993 (Commonwealth) Part 2
Division 3 Subdivision B, C or D in
relation to any area of the land under the
10 lease that is subject to native title or a
native title claim (the "native title
land"); and
(ii) the application is accompanied by a
copy of the indigenous land use
15 agreement;
and
(d) in that agreement the parties agree to the grant
to the lessee of a rolling tenure pastoral lease
over the native title land; and
20 (e) the agreement is entered in the Native Title Act
Register.
(3) If the Minister is not required to approve an application
under subsection (2), the Minister must --
(a) notify the lessee that the Minister is not
25 required to approve the application; and
(b) give the lessee the reason for the Minister not
being required to approve the application.
".
page 10
[Draft Bill for public comment]
WESTERN AUSTRALIA
Land Administration
Amendment Bill 2007
DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament a Bill to
amend the Land Administration Act 1997.
[Index] [Search] [Download] [Related Items] [Help]