Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Corporation
shall not take possession of any land as provided for in the next preceding
section of this Act until the expiration of 3 months after a notice in
the prescribed form has been given to every person in the State appearing on
search in the records of the Western Australian Land Information Authority
established by the Land Information Authority Act 2006 section 5 or
of the department principally assisting in the administration of the Mining
Act 1978 , as the case may be, to have any estate or interest in the
land.
(2) A copy of the
notice shall also be affixed upon a conspicuous part of the land.
(3) On such taking
possession of any land the Corporation shall cause notice thereof in the
prescribed form to be affixed upon a conspicuous part of the land.
(4) Every lease
granted under the authority of the next preceding section of this Act
shall —
(a) be
for such term, not exceeding 7 years, as to the Corporation seems fit;
(b)
reserve the best rent which in the opinion of the Corporation can be
reasonably obtained for the land, and
(c)
contain such other reservations and such exceptions, covenants and conditions
as to the Corporation seem fit.
(5) Any lease granted
by the former Minister, the former Authority or the Corporation otherwise in
accordance with the provisions of this Act shall be valid notwithstanding the
non-compliance with any of the provisions of this section.
(6) The lessee shall
be entitled during the term of the lease to possession of the land as against
all persons interested therein.
(7) The Registrar of
Titles, the Registrar of Deeds, or the chief executive officer of the
Department of Mines 7 , as the case may require, upon the production to him of
any lease granted under the next preceding section of this Act shall register
the same and, if necessary for that purpose, shall make such orders and
publish such advertisements as are provided for in any Act in the case of
dealings with land when the certificate of title, Crown lease, lease of Crown
land, or other instrument of title is lost or not produced.
[Section 85 amended by No. 25 of 1985
s. 132 and 136; No. 73 of 1995 s. 57 and 63; No. 81 of
1996 s. 153(2); No. 31 of 1997 s. 18(6) and (7); No. 28 of
2006 s. 452(1); No. 60 of 2006 s. 129(2).]