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LAND ADMINISTRATION ACT 1997


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Crown bound
            
   5.      Rights to minerals, petroleum, geothermal energy etc., application of Act to
            
   5A.     Position on Earth, determining
            
   6.      Divisions of State (Sch. 1)
            
   6B.     Certain rights of way vested in local governments, status of etc.

   PART 2 -- General administration

           Division 1 -- General role of Minister  

   7.      Minister for Lands (body corporate), status of etc.
            
   8.      International Program, powers as to; International Program Trust Account
            
   9.      Delegation by Minister
            
   10.     General powers of Minister in relation to land
            
   11.     Minister may acquire land in the public interest
            
   12.     Powers and duties of Minister restricted in relation to managed reserves and mall reserves
            
   13.     Ministerial orders, registration of etc.
            
   14.     Minister to consult local governments before exercising certain powers in relation to Crown land

           Division 2 -- Covenants and conditions and their enforcement  

   15.     Covenants as to use, subdivision etc. of certain land
            
   16.     Land held on conditional fee simple (s. 75(1)), memorial of charge to secure performance of conditions

           Division 3 -- General  

   17.     Hazards etc. affecting land, warnings as to on certificates of title etc.
            
   18.     Crown land transactions that need Minister’s approval
            
   18A.    Carbon rights etc. affecting Crown land, Minister’s powers as to
            
   19.     Dealings etc. as to Crown land not effective until registered etc.
            
   19A.    Encumbrances on fee simple in Crown land, application of TLA to
            
   20.     Certain interests in Crown land, caveats as to
            
   21.     Caveat for State or person under disability, Minister may lodge
            
   22.     Crown land ceasing to be reserved etc., interests in etc. continue
            
   23.     Subdivision etc. of Crown land the subject of interests etc.
            
   24.     Minerals, petroleum and geothermal energy etc. are reserved to Crown
            
   25.     Mortgage of interest in Crown land, effect of
            
   26.     Land districts and townsites, constitution etc. of
            
   26A.    New subdivisions, names of roads and areas in
            
   27.     Crown land, subdivision and development of
            
   28.     Subdivisions of Crown land, dedication etc. of roads in
            
   29.     Certificates etc. of Crown land title, creation and registration of
            
   30.     Authorised land officers, appointing etc.
            
   31.     Public service officer of Department, restrictions on as to acquiring Crown land
            
   32.     Plans of survey and sketch plans to be approved
            
   33.     Approved plans of survey and sketch plans, evidentiary status of
            
   34.     Entry to Crown land by Minister, powers as to
            
   35.     Breach of condition or covenant applying to Crown or freehold land, Minister’s powers in case of
            
   36.     Breach of condition or covenant applying to Crown or freehold land, Minister’s powers exercisable with consent of interest holder

   PART 3 -- Appeals to Governor  

   37.     Lodging an appeal with Minister, manner of
            
   38.     Minister’s role on receipt of notice of appeal
            
   39.     Governor to determine appeals
            
   40.     Outcome of appeal, Minister to notify appellant of

   PART 4 -- Reserves  

   41.     Reserving Crown land, Minister’s powers as to
            
   42.     Class A reserves, creating, changing etc.
            
   43.     Certain changes to class A reserves, national parks etc., parliamentary procedure as to
            
   44.     Easements in class A reserves
            
   45.     Certain land subject to Conservation and Land Management Act 1984 or Swan and Canning Rivers Management Act 2006, Minister’s powers as to
            
   46.     Care, control and management of reserves
            
   47.     Lease of unmanaged reserve for reserve’s purpose, Minister’s powers to grant
            
   48.     Lease etc. of unmanaged reserve for other purposes, Minister’s powers to grant
            
   49.     Management plan for managed reserve
            
   50.     Management order, revocation of
            
   51.     Cancelling, changing etc. reserves, Minister’s powers as to
            
   51A.    Certain prescribed land taken to be reserved under s. 41
            
   52.     Local government may ask Minister to acquire as Crown land certain land in district

   PART 5 -- Roads

           Division 1 -- Conventional roads  

   53.     Highways and main roads, effect of Main Roads Act 1930 as to
            
   54.     Dimensional configuration and situation of roads
            
   55.     Property in and management etc. of roads
            
   56.     Dedication of land as road
            
   57.     Leases in relation to roads
            
   58.     Closing roads

           Division 2 -- Mall reserves  

   59.     Creation and management of mall reserves
            
   60.     Public utility services in mall reserve, when suppliers of to be consulted
            
   61.     By-laws for management etc. of mall reserve
            
   62.     Cancelling mall reserve and revoking management order

           Division 3 -- Public access routes  

   63.     Terms used
            
   64.     Declaring etc. public access route through Crown land
            
   65.     Nature, signposting and routes of public access route
            
   66.     Liability of Minister etc. in respect of public access route restricted
            
   67.     Temporary closure of public access route
            
   68.     Fence across public access route, crossing of to be provided
            
   69.     Right to use public access route
            
   70.     Certain effects of public access routes
            
   71.     Offences

   PART 6 -- Sales, leases, licences, etc. of Crown land

           Division 1 -- General  

   72.     Terms used
            
   73.     Advisory panel, appointment of

           Division 2 -- Sale of Crown land  

   74.     Minister’s powers as to sale of Crown land
            
   75.     Transfer of Crown land in fee simple subject to conditions
            
   76.     Mortgagee of conditional tenure land, duties of in case of mortgagor’s default
            
   77.     Mortgagee’s sale under s. 76, application of purchase moneys from
            
   78.     Development etc. of Crown land, Minister may enter into joint venture for

           Division 3 -- Leasing of Crown land  

   79.     Minister’s powers as to lease of Crown land
            
   80.     Conditional purchase leases
            
   81.     Surrender of lease of Crown land

           Division 4 -- Provisions not restricted to either sale or leasing of Crown land  

   82.     Revesting land held by Crown in fee simple in Crown
            
   83.     Transfer etc. of Crown land to advance Aboriginal people
            
   84.     Auctioneers of Crown land, functions of
            
   85.     Sale etc. of Crown land subject to condition etc. it be subdivided
            
   86.     Sale etc. of Crown land by private treaty to Commonwealth etc.
            
   87.     Sale etc. of Crown land for amalgamation with adjoining land
            
   88.     Option to purchase or lease Crown land, grant of
            
   89.     Certain lessees of Crown land may purchase, or purchase options to purchase, the land
            
   90.     Overlap of lease or easement and mining tenement, effect of
            
   91.     Licences and profits à prendre over Crown land, grant of
            
   92.     Improvements to leased etc. Crown land vest in Crown

   PART 7 -- Pastoral leases

           Division 1 -- Introductory  

   93.     Terms used

           Division 2 -- The Pastoral Lands Board  

   94.     Board established
            
   95.     Functions of Board
            
   96.     Minister may give directions to Board
            
   97.     Members of Board, appointment of etc.
            
   98.     Procedure of Board; quorum
            
   99.     Particular duties of members
            
   100.    Protection from personal liability for members

           Division 3 -- Grant of a pastoral lease  

   101.    Grant of pastoral lease, Minister’s powers as to
            
   102.    Public offers etc. of pastoral leases to be made before grant

           Division 4 -- Conditions of a pastoral lease  

   103.    Terms etc. that can be included in pastoral lease
            
   104.    Aboriginal people’s right to enter parts of pastoral leases
            
   105.    Duration of pastoral lease
            
   106.    Leased land to be used for pastoral purposes unless otherwise permitted
            
   107.    Development plan for pastoral lease, when required etc.
            
   108.    Pastoral lessee’s duties as to leased land
            
   109.    No clearing of leased land unless permitted
            
   110.    Non-indigenous pasture not to be sown etc. on leased land without permit
            
   111.    Stock numbers etc. and pests etc. on leased land
            
   112.    Soil conservation notice, effect of on s. 111 determination etc.
            
   113.    Annual return by lessee required
            
   114.    Compensation for improvements payable on expiry of certain leases

           Division 5 -- Permits  

   115.    Fees for permits
            
   116.    Permit may be issued despite lease’s terms
            
   117.    Environmental conservation requirements to be satisfied before permit can be issued
            
   118.    Clearing land, permit for
            
   119.    Non-indigenous pastures, permit to sow etc.
            
   120.    Non-pastoral agricultural activity, permit for
            
   121.    Tourist activity, permit for
            
   122.    Non-pastoral use etc. of enclosed or improved land, permit for
            
   122A.   Prohibited stock, permit to keep etc.

           Division 6 -- Rent for a pastoral lease  

   123.    Annual rent, determining
            
   124A.   Phasing in increases to rent due to s. 123 determination
            
   124.    Annual rent if permit issued
            
   125.    Payment of rent
            
   126.    Objections to and review of annual rent or value of improvements
            
   127.    Amalgamated leases, rent for
            
   128.    Postponing or reducing rent if drought, financial hardship etc.

           Division 7 -- Defaults, offences, forfeiture and abandoned leases  

   129.    Default notice, when can be issued etc.
            
   130.    Not complying with default notice, offence
            
   131.    Forfeiture, when lease is liable to
            
   132.    Criminal liability not affected by forfeiture
            
   133.    Abandoned lease, Minister’s powers in case of

           Division 8 -- Transfers of pastoral holdings or shares  

   134.    Transfer, mortgage etc. of lessee’s interest, ministerial approval of
            
   135.    Company holding lease, restrictions on transfer etc. of shares etc. in
            
   136.    Maximum area of leased land a person may hold

           Division 9 -- Relations between the Pastoral Board and the Commissioner  

   137.    Commissioner and Board to exchange information
            
   138.    Commissioner to notify Board of certain soil conservation notices

           Division 10 -- Miscellaneous and transitional  

   139.    Board’s powers to investigate compliance by lessees
            
   140.    Renewal of lease, request by lessee for offer of etc.
            
   141.    Boundaries between leases, Minister’s powers to change
            
   142.    Amalgamation of leases, Minister’s powers as to
            
   142A.   Pastoral business units, creation of etc.
            
   143.    Leases in force at 30 Mar 1998, transitional provisions for

   PART 8 -- Easements  

   144.    Easements over Crown land, Minister’s powers to grant etc.
            
   145.    Cancelling s. 144 easements
            
   146.    Easements granted under s. 144, effect of
            
   147.    Easements in gross may be granted under s. 144
            
   148.    Conditional tenure land, grant of easement by holder of
            
   149.    Holder of interest in Crown land with right to acquire fee simple, grant of easement by
            
   150.    Easements no longer serving any purpose, cancelling

   PART 9 -- Compulsory acquisition of interests in land

           Division 1 -- Preliminary

              Subdivision 1 -- Interpretation  

   151.    Terms used

              Subdivision 2 -- Provisions relating to native title  

   152.    Objective of this Part and Part 10 as to NTA
            
   153.    Giving notice under NTA to native title holders if no approved determination of native title, effect of for this Act
            
   154.    Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act
            
   155.    Native title rights and interests, effect of taking under this PART
            
   156.    Claims for compensation for native rights and interests, determining etc.
            
   157.    Claims for compensation for native title rights and interests, who may make
            
   158.    Compensation paid for native title rights and interests, recovery of if purpose of taking is cancelled

              Subdivision 3 -- Delegation  

   159.    Delegation by Minister to certain other Ministers
            
   160.    Subdelegation of power or duty delegated under s. 159

           Division 2 -- Taking interests in land

              Subdivision 1 -- Land required for a public work  

   161.    Interests in land may be taken etc.
            
   162.    Underground land, interests in may be taken etc.
            
   163.    Certain materials and interests in land not to be taken without consent of Minister or principal proprietor
            
   164.    Mineral, petroleum and geothermal energy rights may be excluded from taking order

              Subdivision 2 -- Land required for the purpose of conferring interests  

   165.    Interests in land may be taken etc.
            
   166.    Application of this Part and Part 10 to taking authorised, and interests taken, under s. 165
            
   167.    Agreement as to payment of compensation etc. by person who will get grant for which s. 165 taking is authorised

           Division 3 -- Procedure for taking interests in land and designating for a public work

              Subdivision 1 -- Procedure for taking interests in land by agreement  

   168.    Agreement to purchase or consent to take required interest, acquiring authority’s powers as to
            
   169.    Purchase price in agreement to purchase

              Subdivision 2 -- Procedure for taking interests in land without agreement  

   170.    Notice of intention to take required interest, issue of etc.
            
   171.    Notice of intention, content and validity of
            
   172.    No transaction affecting required land without Minister’s consent
            
   173.    No improvements to be made to required land without Minister’s approval
            
   174.    Minister’s consent under s. 172 to transaction, Registrar of Titles may require evidence of
            
   175.    Objections to proposed taking of interests in land
            
   176.    Proprietor may require acquiring authority to also take small remainders of land
            
   177.    Taking order, Minister’s powers to make etc.
            
   178.    Taking order, content of

              Subdivision 3 -- Effect of taking order  

   179.    Registration of taking order, effect of
            
   180.    Taking order may be annulled or amended
            
   181.    Compensation if taking order annulled or amended

           Division 4 -- Entry on to land  

   182.    Entry for feasibility study
            
   183.    Land for railway identified in special Act, entry of etc.
            
   184.    Land in notice of intention, entry of for inspection, surveys etc.
            
   185.    Land may be occupied temporarily to construct etc. public work
            
   186.    Entry etc. before land taken in certain circumstances

           Division 5 -- Use and disposal of land designated for a public work  

   187.    Interest in land not required for public work may have designation changed or cancelled
            
   188.    Transactions affecting designated interests in land, application of proceeds of
            
   189.    Interest in land less than fee simple not required for public work, landowner to get option to purchase
            
   190.    Fee simple in land not required for public work, previous owner etc. entitled to option to purchase
            
   191.    Person who would be entitled to s. 189 or 190 option may require Minister to say if interest is required for public work
            
   192.    Land not presently wanted etc. for public work may be leased
            
   193.    Easement over land designated for public work, grant of
            
   194.    Timber, stone etc. on land designated for public work, sale of etc.

           Division 6 -- General provisions  

   195.    Easement in gross in favour of State etc., creation of etc.
            
   196.    Public access easement, creation of etc.
            
   197.    Person refusing to give up possession etc. of land, Minister’s powers in case of
            
   198.    Fences, removal of by acquiring authority restricted
            
   199.    Obstructing workers, causing damage etc., offence etc.
            
   200.    Compulsory acquisition in progress at 30 Mar 1998 etc., transitional provisions for
            
   201.    Delegations in force at 30 Mar 1998, preservation of

   PART 10 -- Compensation

           Division 1 -- Persons entitled to compensation  

   202.    Owners of interests in land taken, entitlement of
            
   203.    Person suffering damage from entry to land, entitlement of
            
   204.    Management body, entitlement of for loss of use of structures etc.
            
   205.    Mine, compensation for damage to etc.
            
   206.    Limitation on compensation if taking done under Part 9 could have been done under another Act

           Division 2 -- The claim  

   207.    Time limit for making claim for compensation
            
   208.    Who can claim compensation
            
   209.    Principal Registrar to be guardian etc. in certain cases
            
   210.    Potential claimant absent from State or an infant etc., procedure in case of
            
   211.    Content and service of claim
            
   212.    Non-monetary compensation, requests for
            
   213.    Service of claim etc., manner of
            
   214.    Acquiring authority may require further particulars
            
   215.    Time limit for acquiring authority to dispute title
            
   216.    Claimant whose title is disputed may apply to Supreme Court

           Division 3 -- Dealing with the claim  

   217.    Offer of compensation if title not in dispute, when to be made
            
   218.    Claim and offer, amending
            
   219.    Rejection of offer, time limit for; effect of not rejecting offer
            
   220.    Rejected offer, how compensation determined in case of
            
   221.    If offer not made within time limit, claimant may commence proceedings
            
   222.    Claimant failing to commence proceedings after rejecting offer
            
   223.    Court action for compensation, commencing and procedure on
            
   224.    SAT claim for compensation, referring and procedure on
            
   225.    Assessor’s consent to act required etc.

           Division 4 -- The State Administrative Tribunal  

   226.    Constitution of SAT for compensation claims
            
   227.    Assessor not member of SAT may sit on SAT
            
   229.    SAT may hear other claims by consent
            
   230.    Assessor, objecting to etc.
            
   231.    Assessor member dying or unable to act etc., replacing

           Division 5 -- Assessing compensation  

   241.    How compensation to be determined
            
   242.    Rates and taxes, apportionment of
            
   243.    Acts by claimant to make land less suitable for public work to be taken into account
            
   244.    One sum or separate sums may be awarded and conditions attached

           Division 6 -- Payment of compensation  

   248.    Payments pending settlement of claim
            
   249.    When title doubtful, compensation or purchase-money to be paid into Supreme Court
            
   250.    Investment of compensation money by Principal Registrar
            
   251.    Mortgage debts, application of compensation to
            
   252.    Land sold with payment by instalments, application of compensation for
            
   253.    Land subject to rent-charge etc., application of compensation in case of
            
   254.    Reducing rent if part of rented land is taken
            
   255.    Easement etc. in lieu of compensation or purchase-money, grant of by Minister
            
   256.    Easement etc. in lieu of compensation, powers of court or SAT as to
            
   257.    Grant of Crown land in lieu of compensation, Minister’s powers as to
            
   258.    Source of compensation etc.

   PART 11 -- General  

   259.    Protection from personal liability
            
   260.    Improvements on Crown land, valuing for s. 35 and 92
            
   261.    Interest in Crown land of insolvent person available for benefit of creditors
            
   262.    Death or mental incapacity of holder of interest in Crown land occurring before conditions as to improvements fulfilled
            
   263.    Death of holder of interest in Crown land with right to acquire fee simple
            
   264.    Damage emanating from certain Crown land, limited liability of Crown etc. for
            
   265.    Prescription Act 1832 (UK) not applicable to Crown land
            
   266.    Land no longer required for railway to become Crown land
            
   267.    Offences on Crown land and proceedings for them
            
   268.    Survey marks and surveyors etc., offences as to
            
   269.    Contravening etc. condition or covenant as to Crown land, offence
            
   270.    Unauthorised structures on Crown land, Minister’s powers as to etc.
            
   271.    Extensions of time for s. 270
            
   272.    Appeal against s. 270 notice
            
   273.    Delegation by Minister of s. 270 and 271 functions
            
   274.    Service of documents for Act
            
   275A.   Information about Crown land interest holders, disclosing
            
   275.    Regulations generally
            
   276.    Regulations about fees
            
   277.    Regulations about s. 73 advisory panel
            
   278.    Forms, approval of etc.
            
   279.    Review of Act

   PART 12 -- Repeals, transitional, savings and validation related to Land Act 1933  

   280.    Interpretation Act 1984 not affected
            
   281.    Land Act 1933 repealed; transitional etc. provisions for (Sch. 2)
            
   282.    General saving for matters in existence etc. under amended Acts at 30 Mar 1998

   PART 13 -- Transitional related to pre-Land Act 1933 Crown grants, Crown reserves, and Crown leases  

   283.    Term used: pre-1933 legislation
            
   284.    Pre-1933 legislation, transitional provisions for (Sch. 3)
           SCHEDULE 1 -- Divisions of State
           SCHEDULE 2 -- Transitional, savings and validation provisions related to Land Act 1933  
           SCHEDULE 3 -- Crown grants, Crown reserves, and Crown leases made or created before the Land Act 1933  
           Compilation table


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