Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If land is offered
for sale by auction pursuant to this Division, but no bid is made for the land
at the auction and the land is unsold within the period of 12 months
mentioned in the last preceding section, and has been alienated from the Crown
in fee simple, the Corporation with the consent of the Governor, shall have
power by transfer (where the land is under the Transfer of Land Act 1893
) and by deed (where the land is not under the Transfer of Land Act 1893
) to transfer or convey an estate in fee simple to Her Majesty:
Provided that the
Governor shall not consent, unless he is satisfied that there is no reasonable
prospect of selling the land pursuant to this Division within a reasonable
time.
[(2) deleted]
(3) Upon the transfer
or conveyance being lodged with him, or the conveyance being registered, the
Registrar of Titles, or Registrar of Deeds, as the case may be, shall make any
entry in the Register within the meaning of the Transfer of Land Act 1893
or the Book of Registry under the Registration of Deeds Act 1856 , which
may be necessary or proper to evidence that the land is vested in Her Majesty,
and thereupon and notwithstanding the provisions of the
Transfer of Land Act 1893 , the land shall be deemed to be, and may be
dealt with as, Crown lands free from any mortgage, lease, tenancy,
encumbrance, charge or reservation of any kind.
If the land is under
the Transfer of Land Act 1893 , the Registrar of Titles shall cancel any
certificate of title relating to the land by indorsing thereon
“Cancelled, the within land having been acquired by the Crown and
removed from the operation of the Transfer of Land Act 1893 ,” and
the land shall, for the purpose of that Act, and until again alienated from
the Crown, be dealt with and regarded in all respects as if it had never been
alienated from the Crown.
If the land is not
under the Transfer of Land Act 1893 , the Registrar of Deeds may require
the Corporation to deposit with him a plan or map of the land as if an
application had been made to bring the land under the
Transfer of Land Act 1893 .
(4) No duty nor fee of
any kind shall be payable upon any transfer or conveyance referred to in this
section upon lodging or registering it as referred to in subsection (3).
(5) A transfer or
conveyance expressed to be in exercise of the power conferred by this
section —
(a)
shall, if accompanied by a statutory declaration made by a duly authorised
officer of the Corporation on behalf of the Corporation that the provisions of
this Division have been properly complied with, be accepted by the Registrar
of Titles or the Registrar of Deeds, as the case may be, as sufficient
evidence that the power has been so exercised;
(b)
shall not be impeachable on the ground that no case had arisen to authorise
the exercise of the power, or that proper notice was not given, or that the
power was otherwise improperly or irregularly exercised, but any person
damnified by an unauthorised or irregular exercise of the power shall, subject
to this Act, have his remedy in damages against the Corporation but shall have
no other remedy in damages or for compensation against the Crown.
[Section 102 amended by No. 25 of 1985
s. 145; No. 73 of 1995 s. 63; No. 81 of 1996
s. 153(1) and (2); No. 60 of 2006 s. 129(4); No. 12 of 2008
s. 52.]