• Specific Year
    Any

LAND ADMINISTRATION ACT 1997

Table of Provisions

PART 1 -- Preliminary  

  • 1 Short title
  •  
  • 2 Commencement
  •  
  • 3 Terms used
  •  
  • 3A Location or lot
  •  
  • 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
  •  
  • 11A Minister may hold and deal with alienated land
  •  
  • 11B Powers of Minister in relation to administration and management of land
  •  
  • 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 Interest or caveat to continue despite change in status of Crown land
  •  
  • 23 Adjustment of boundaries of Crown land for purposes of survey or resurvey
  •  
  • 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 Names of roads and areas in new subdivision
  •  
  • 27 Subdivision and development of Crown land
  •  
  • 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
  •  
  • 46A Consultation with management body
  •  
  • 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 Plan for managed reserve
  •  
  • 50 Management order, revocation of
  •  
  • 51 Minister’s powers to cancel, change purpose of or otherwise affect reserve
  •  
  • 51AA Compensation provisions
  •  
  • 51A Certain prescribed land taken to be reserved under s.
  •  
  • 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
  •  
  • 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
  •  
  • 81A Removal of expired registered leases from certificate of Crown land title

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 6A -- Diversification leases

Division 1 -- Application of Part  

  • 92A Leases to which this Part applies

Division 2 -- Grant of diversification lease  

  • 92B Minister’s powers as to grant of diversification lease

Division 3 -- Conditions of diversification lease  

  • 92C Provisions that can be included in diversification lease
  •  
  • 92D Non-exclusive possession of land under diversification lease
  •  
  • 92E Reservation in favour of Aboriginal persons
  •  
  • 92F Diversification lessee’s duties as to leased land

Division 4 -- Forfeiture of diversification lease  

  • 92G Issue of forfeiture notice
  •  
  • 92H Criminal liability not affected by forfeiture

Division 5 -- Notification of certain soil conservation notices  

  • 92I Commissioner to notify Minister of certain soil conservation notices

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 2A -- Standards, guidelines and accreditation systems  

  • 100A Land condition standards and land management guidelines
  •  
  • 100B Regard to standards and guidelines in performance of functions under this Part
  •  
  • 100C Minister may approve land management accreditation systems
  •  
  • 100D Status of standards, guidelines and approved systems

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
  •  
  • 105A Extension of pastoral lease or grant of pastoral lease for greater term
  •  
  • 105B Agreements relating to extension or grant of lease under s. 105A
  •   106. Leased land to be used for pastoral purposes unless otherwise permitted  
  • 107 Improvements must be kept in good condition
  •  
  • 108 Pastoral lessee’s duties as to leased land
  •  
  • 108A Board may direct pastoral lessee to submit management plan
  •  
  • 108B Submission, approval and implementation of management plan
  •  
  • 108C Board may direct pastoral lessee to monitor and report land condition
  •  
  • 109 No clearing of leased land unless permitted
  •  
  • 110 Non-indigenous pasture not to be sown etc. on leased land without permit
  •  
  • 111 Pests and prohibited stock on leased land
  •  
  • 111A Board may make determinations and directions as to number and distribution of stock
  •  
  • 111B Board may require evidence of compliance with s. 111A
  •   112. Effect of soil conservation notice on determinations and directions under s. 111A and permits under Div.  
  • 112A Effect on rent if reduction in stock numbers
  •  
  • 113 Pastoral lessee to submit annual return
  •  
  • 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 complied with
  •  
  • 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.
  •  
  • 122B Board’s power to amend permit
  •  
  • 122C Renewal of permit
  •  
  • 122D Suspension of permit
  •  
  • 122E Cancellation of permit
  •  
  • 122F Permit not personal property for Personal Property Securities Act 2009 (Commonwealth)

Division 6 -- Rent for a pastoral lease  

  • 122G Terms used
  •  
  • 122H Minister to determine annual rent
  •  
  • 122I Minister to determine permit rent if pastoral lease subject to permit
  •  
  • 123 Valuer-General to determine annual rent at 10 yearly intervals
  •  
  • 123A Minister may request Valuer-General to make interim determination of annual rent
  •  
  • 123B Determining annual rent when new pastoral lease granted
  •  
  • 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 rent or value of improvements
  •  
  • 127 Amalgamated leases, rent for
  •  
  • 128 Payment of rent may be delayed, reduced or waived in certain cases

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

  • 128A Board may direct pastoral lessee
  •  
  • 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
  •  
  • 134A Transfer of permits
  •  
  • 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  

  • 143A Term used: grantee
  •  
  • 144 Easements over Crown land, Minister’s powers to grant etc.
  •  
  • 145 Cancelling s. 144 easements
  •  
  • 146 Effect of easements granted under s.
  •  
  • 147 Easements in gross may be granted under s. 144 and transferred
  •  
  • 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.

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.
  •  
  • 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 Limited liability of Crown or management body for damage, injury or loss suffered on, or emanating from, certain land
  •  
  • 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 Contravention or avoidance of condition or covenant in respect of Crown land
  •  
  • 270 Unauthorised structures on Crown land
  •  
  • 271 Extensions of time for s.
  •  
  • 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  

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)

PART 14 -- Transitional provisions for the Land and Public Works Legislation Amendment Act 2023  

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