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
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
- 285 Returns by pastoral lessees
- 286 Annual rent for pastoral leases