Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used in this Act
4. Crown bound
5. Act not to apply to registration of rights in respect of minerals, petroleum, geothermal energy or geothermal energy resource
5A. Position on the Earth’s surface
6. Divisions of State
6B. Avoidance of doubt in relation to certain rights of way
PART 2 -- General administration
Division 1 -- General role of Minister
7. Minister for Lands to remain body corporate
8. International Program Trust Account
9. Delegation by Minister generally
10. General powers of Minister in relation to land
11. Minister may acquire land in public interest
12. Powers and duties of Minister restricted in relation to managed reserves and mall reserves
13. Ministerial orders
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 in favour of Minister and others in respect of use and alienation of land
16. Registration of memorials to secure performance of conditions
Division 3 -- General
17. Warnings of hazards etc. on certificates of title and certificates of Crown land title
18. Various transactions relating to Crown land to be approved by Minister
18A. Minister’s powers as to carbon rights and carbon covenants affecting Crown land
19. Dealings or caveats in respect of Crown land not effective until registered or recorded
19A. Encumbrances in respect of fee simple in Crown land
20. Caveats may be lodged in respect of interests in Crown land
21. Minister may lodge caveats on behalf of State or of persons under disabilities
22. Continuation of interests and caveats after changes in status of Crown land
23. Subdivision etc. of Crown land subject to continuing interests etc.
24. Minerals and petroleum reserved to Crown
25. Mortgages
26. Constitution etc. of land districts and townsites
26A. Names of roads and areas in new subdivisions
27. Subdivision and development of Crown land
28. Dedication of roads when Crown land surveyed into locations or lots
29. Creation and registration of certificates of Crown land title, qualified certificates of Crown land title and subsidiary certificates of Crown land title
30. Authorised land officers
31. Restrictions on certain public service officers acquiring Crown land
32. Approval of plans of survey and sketch plans
33. Evidentiary status of approved plans of survey and sketch plans
34. Power to enter Crown land for examination, inspection or survey
35. Forfeiture of interests in Crown land or certain freehold land
36. Action which may be taken by Minister by agreement with holders of interests or freehold on breach of certain conditions or covenants
PART 3 -- Appeals to Governor
37. Lodging of appeals with Minister
38. Role of Minister on receipt of notices of appeal
39. Governor to determine appeals
40. Minister to notify appellants of outcomes of appeals
PART 4 -- Reserves
41. Minister may reserve Crown land
42. Class A reserves
43. Special procedure in relation to certain changes to class A reserves and conservation reserves
44. Easements in class A reserves
45. Relationship between this Part and the Conservation and Land Management Act 1984 and the Swan and Canning Rivers Management Act 2006
46. Placing of care, control and management of reserves
47. Minister may lease Crown land in unmanaged reserves for certain purposes
48. Minister may grant leases, licences or profits à prendre in respect of Crown land in unmanaged reserves for other purposes
49. Management plans
50. Revocation of management orders
51. Cancellation etc. of reserves generally
51A. Certain land to be regarded as having been reserved under s. 41
52. Local government may request acquisition as Crown land of certain land no longer required
PART 5 -- Roads
Division 1 -- Conventional roads
53. Status of Main Roads Act 1930 in respect of highways and main roads
54. Configuration and situation of roads
55. Property in roads etc.
56. Dedication of roads
57. Leases in relation to roads
58. Closure of roads
Division 2 -- Mall reserves
59. Crown land reserved as mall reserves
60. Consultation with suppliers of public utility services concerning access to public utility services
61. By-laws to be made by management bodies of mall reserves
62. Cancellation of mall reserves and revocation of management orders
Division 3 -- Public access routes
63. Terms used in this Division
64. Declaration etc. of public access routes through Crown land
65. Nature, signposting and routes of public access routes
66. Restrictions on liability of Minister and others in respect of public access routes
67. Temporary closure of public access routes
68. Provision of means of passage through or over fences
69. Right to use public access routes
70. Certain effects of public access routes
71. Offences
PART 6 -- Sales, leases, licences, etc. of Crown land
Division 1 -- General
72. Terms used in this PART
73. Advisory panel
Division 2 -- Sale of Crown land
74. General powers of Minister in relation to sale of Crown land
75. Minister may transfer Crown land in fee simple subject to conditions
76. Obligations of mortgagees of land transferred in fee simple subject to conditions concerning its use
77. Application of purchase moneys arising from mortgagee sales
78. Minister may enter into joint ventures for development and sale of Crown land
Division 3 -- Leasing of Crown land
79. Minister may lease Crown land for any purpose
80. Conditional purchase leases
81. Surrender of leases of Crown land
Division 4 -- Provisions not restricted to either sale or leasing of Crown land
82. Revesting of land held by Crown in fee simple as Crown land
83. Minister may transfer Crown land in fee simple and grant leases of Crown land to or for benefit of Aboriginal persons
84. Sale or lease of Crown land by public auction
85. Sale, or lease with option to purchase, of Crown land for subsequent subdivision
86. Minister may sell by private treaty, or lease, Crown land to Commonwealth etc.
87. Minister may convey in fee simple or lease Crown land for subsequent amalgamation with adjoining land
88. Minister may grant options to purchase or lease Crown land
89. Certain lessees of Crown land may purchase, or purchase options to purchase, Crown land
90. Overlapping between leases or easements and mining tenements
91. Licences and profits à prendre in respect of Crown land
92. Improvements to vest in Crown
PART 7 -- Pastoral leases
Division 1 -- Introductory
93. Terms used in this Part
Division 2 -- The Pastoral Lands Board
94. Pastoral Lands Board established
95. Functions of the Board
96. Minister may give directions
97. Constitution of the Board
98. Procedure of the Board
99. Particular duties of members
100. Protection from liability
Division 3 -- Grant of a pastoral lease
101. Minister may grant pastoral lease over Crown lands
102. Public offers of pastoral leases
Division 4 -- Conditions of a pastoral lease
103. Terms and conditions of individual leases
104. Reservation in favour of Aboriginal persons
105. Term of a pastoral lease
106. Pastoral land not to be used other than for pastoral purposes without a permit
107. Development and maintenance of improvements
108. Management of land under a pastoral lease
109. Clearing of pastoral land
110. Pastoral land not to be sown with non-indigenous pastures without permit
111. Stocking of a pastoral lease
112. Effect of soil conservation notices on obligations of pastoral lessee
113. Annual returns
114. Compensation for improvements on the expiry of certain pastoral leases
Division 5 -- Permits
115. Fees for permits
116. Provisions of a lease do not limit issue of permits
117. Permits not to be issued unless environmental conservation requirements satisfied
118. Permits to clear land
119. Permits to sow non-indigenous pastures
120. Permits for agricultural uses of land under a lease
121. Permits for use of land under a lease for tourism
122. Permits for non-pastoral use of enclosed or improved land
122A. Permits to keep or sell prohibited stock
Division 6 -- Rent for a pastoral lease
123. Assessment of rent
124. Rent may be varied if a permit is issued
125. Payment of rent
126. Objections and review
127. Rate of rent for amalgamated leases
128. Postponement or reduction of rent payments due to disaster
Division 7 -- Defaults, offences, forfeiture and abandoned leases
129. Issue of default notice
130. Offence of failure to comply with a default notice
131. Minister may issue forfeiture notice
132. Criminal liability not affected by forfeiture
133. Abandonment of a pastoral lease
Division 8 -- Transfers of pastoral holdings or shares
134. Minister’s approval required for transfer, mortgage or charge
135. Restrictions on transfer of shares in companies with pastoral interests
136. Maximum area
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. Investigation of compliance with conditions of lease
140. Request for renewal of a pastoral lease
141. Adjustment and rationalisation of boundaries
142. Amalgamation of leases
142A. Creation of pastoral business unit
143. Existing pastoral leases -- transitional
PART 8 -- Easements
144. Minister may grant easements
145. Cancellation of easements
146. Easements to subsist
147. Easements in gross in respect of Crown land
148. Easements over conditional tenure land
149. Easements in anticipation of acquisition of fee simple
150. Cancellation of easements no longer serving any purpose
PART 9 -- Compulsory acquisition of interests in land
Division 1 -- Preliminary
Subdivision 1 -- Interpretation
151. Terms used in this Part and Part 10
Subdivision 2 -- Provisions relating to native title
152. Objective
153. Giving notice to native title holders where no determination of native title
154. Giving notice to native title holders if Part 2, Division 3, Subdivision P of NTA applies
155. Effect of taking on native title rights and interests
156. Compensation for native title holders
157. Compensation claimants
158. Refund of compensation if purpose of taking is cancelled
Subdivision 3 -- Delegation
159. Delegation of powers or duties to certain other Ministers
160. Subdelegation of delegated power or duty
Division 2 -- Taking interests in land
Subdivision 1 -- Land required for a public work
161. Interests in land may be taken for public work
162. Taking interests in underground land
163. Certain materials and interests in land not to be taken without consent of Minister or principal proprietor
164. Mines and minerals may be excluded when interests in land are taken
Subdivision 2 -- Land required for the purpose of conferring interests
165. Interests in land may be taken to confer interests under written law
166. Taking to be effected as if for public work
167. Compensation may be payable by person receiving interest in land taken under this Subdivision
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. Agreements may be made to purchase interests in land
169. Purchase price
Subdivision 2 -- Procedure for taking interests in land without agreement
170. Notice of intention to take interest in land
171. Content of notice of intention
172. No transactions to affect land under notice without Minister’s approval
173. No improvements to be made to land under notice without Minister’s approval
174. Evidence of Minister’s approval may be required for registration of transaction affecting land under notice
175. Objections to a proposal to take interests in land
176. Proprietor may require small parcel of land severed to be taken
177. Making a taking order
178. Content of a taking order
Subdivision 3 -- Effect of taking order
179. Effect of registration of taking order
180. Taking order may be annulled or amended
181. Compensation on annulment or amendment of taking order
Division 4 -- Entry on to land
182. Land may be entered for a feasibility study
183. Land to be taken for railway may be entered and occupied
184. Land included in notice of intention may be entered for inspection or assessment of compensation, or for surveys
185. Land may be occupied temporarily for the purpose of public works
186. Work may be commenced without a taking order in certain circumstances
Division 5 -- Use and disposal of land designated for a public work
187. Interest in land not required for a public work may have designation changed or cancelled
188. Proceeds from transactions affecting designated interests in land
189. Option to purchase if interest less than fee simple not required for public work
190. Option to purchase if fee simple not required for public work
191. Person who would be entitled to option to purchase may require determination of whether the interest is required
192. Lands not wanted for immediate use may be leased
193. Easements over lands designated for public works
194. Management body may sell stone etc.
Division 6 -- General provisions
195. Easements in gross may be made generally in favour of the State etc.
196. Creation of public access easements
197. Proceeding in case of refusal to give up land
198. Protection of adjacent lands before removal of fences
199. Offence of obstructing workmen or destroying fences, works etc.
200. Transitional provisions for taking in progress and for certain uncompleted procedures
201. Preservation of existing delegations
PART 10 -- Compensation
Division 1 -- Persons entitled to compensation
202. Owners of interests in land taken entitled to compensation
203. Persons who suffer damage from entry on to land entitled to compensation
204. Management bodies may be entitled to compensation for structures and improvements
205. Compensation as to mines
206. Limitation on compensation if an act done under Part 9 could have been done under another Act
Division 2 -- The claim
207. Time limit for making claim for compensation
208. By whom compensation may be claimed
209. Principal Registrar to be guardian etc. in certain cases
210. Procedure in unrepresented absentee claims
211. Making a claim
212. Requests for non-monetary compensation
213. Service of claim and other documents
214. Acquiring authority may require further particulars
215. Time for acquiring authority to serve notice disputing title
216. Claimant may apply to Supreme Court to direct issue or give opinion on question of law
Division 3 -- Dealing with the claim
217. If title not disputed claim to be examined within 90 days and offer made
218. Claim and offer may be amended
219. If offer not rejected by claimant, equivalent to acceptance
220. Method of determining compensation when offer rejected
221. If offer not made within 120 days of service of claim claimant may commence proceedings
222. Claimant failing to proceed after serving notice of rejection of offer on acquiring authority
223. Commencing an action for compensation in an ordinary court
224. Commencing an action in the State Administrative Tribunal
225. Consent of assessor to act
Division 4 -- The State Administrative Tribunal
226. State Administrative Tribunal
227. Assessors
229. State Administrative Tribunal may hear other claims by consent
230. Assessors may be objected to
231. Case of assessor member dying or unable to act
Division 5 -- Assessing compensation
241. How compensation to be assessed for interest in land taken
242. Apportionment of rates and taxes
243. Anything done by claimant to make land less suitable for the execution of work to be taken into account
244. Gross sum or separate sums may be awarded and conditions attached
Division 6 -- Payment of compensation
248. Payments pending settlement of a claim
249. When title doubtful, compensation or purchase-money to be paid into the Supreme Court
250. Investment of compensation money by Principal Registrar
251. Compensation for mortgaged lands
252. Land being sold on payment by instalments
253. Case of lands subject to rent-charge
254. Reducing rent for lands when part is taken
255. Minister may agree to grant easements in lieu of compensation or purchase-money
256. Court may award easements in lieu of compensation
257. Minister may grant surplus interests in land in lieu of compensation
258. Out of what funds compensation to be paid
PART 11 -- General
259. General protection from liability for wrongdoing
260. Minister to be satisfied of purpose of improvements to be valued
261. Interests in Crown land of insolvents available for benefit of creditors
262. If death or mental incapacity occurs before completion of improvements
263. Fee simple may be transferred to executor or administrator of estate of deceased holder of interest in Crown land
264. Liability of Crown and management bodies in relation to certain land
265. Prescription Act 1832 not applicable to Crown land
266. Land in reserves of discontinued or deviated railways to become Crown land
267. Offences on Crown land
268. Interference with survey marks and surveys
269. Contravention, etc. of conditions or covenants imposed in respect of Crown land penalised
270. Removal of unauthorised structures from Crown land
271. Applications by owners or occupiers of unauthorised structures for extension of time
272. Appeals by owners or occupiers of alleged unauthorised structures
273. Delegation of powers and duties in relation to unauthorised structures
274. Service of documents
275. Regulations generally
276. Regulations concerning fees
277. Regulations concerning advisory panel
278. Approval of forms
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, and transitional, savings and validation
282. General saving
PART 13 -- Transitional related to pre-Land Act 1933 Crown grants, Crown reserves, and Crown leases
283. Term used in this Part
284. Pre-1933 legislation transitional
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
[Reprinted under the Reprints Act 1984 as ]