Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Land Administration
Act 1997 and includes the amendments made by the other written laws
referred to in the following table 1a, 13. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
30 of 1997 |
3 Oct 1997 |
s. 1 and 2:
3 Oct 1997; |
|
|
Dampier to Bunbury Pipeline Act 1997 s. 52
(Sch. 4 Div. 6) |
53 of 1997 |
12 Dec 1997 |
30 Mar 1998 (see Sch. 4 Div. 6 cl. 30
and Gazette 27 Mar 1998 p. 1765) |
|
Acts Amendment (Land Administration, Mining and
Petroleum) Act 1998 Pt. 2 (except s. 4 and 7) 2, 10
|
61 of 1998 (as amended by No. 60 of 1999
s. 7.3) |
11 Jan 1999 |
11 Jan 1999 (see s. 2(1)) |
|
Acts Amendment and Repeal (Financial Sector Reform)
Act 1999 s. 90 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and
Gazette 30 Jun 1999 p. 2905) |
|
58 of 1999 |
24 Dec 1999 |
16 Dec 2000 (see s. 2(5) and Gazette
15 Dec 2000 p. 7201) |
|
|
Rail Freight System Act 2000 Pt. 5 Div.
4 14 |
13 of 2000 |
8 Jun 2000 |
30 Jun 2000 (see s. 2(1) and
Gazette 30 Jun 2000 p. 3397) |
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 14(13) and 20 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Acts Amendment (Australian Datum) Act 2000
s. 4 |
54 of 2000 |
28 Nov 2000 |
16 Dec 2000 (see s. 2 and Gazette
15 Dec 2000 p. 7201) |
|
Land Administration Amendment
Act 2000 5, 8, 9, 15, 16 |
59 of 2000 |
7 Dec 2000 |
s. 38(1): 30 Mar 1988 (see s. 2(4) and
Gazette 27 Mar 1988
p. 1765); |
|
Reprint of the Land Administration Act 1997
as at 22 Jun 2001 (includes amendments listed
above) |
|||
|
Corporations (Consequential Amendments) Act 2001
s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
Public Transport Authority Act 2003 s. 150
and 167 |
31 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2384) |
|
Acts Amendment (Carbon Rights and Tree Plantation
Agreements) Act 2003 Pt. 2 |
56 of 2003 |
29 Oct 2003 |
24 Mar 2004 (see s. 2 and Gazette
23 Mar 2004 p. 975) |
|
Contaminated Sites Act 2003
s. 100 |
60 of 2003 |
7 Nov 2003 |
1 Dec 2006 (see s. 2 and Gazette 8 Aug
2006 p. 2899) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 72 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Acts Amendment (Reserves and Reserve Boards)
Act 2003 Pt. 2 |
76 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 17 |
59 of 2004 (as amended by No. 2 of 2008
s. 77(13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 67
Subdiv. 1 18, 19 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 2: The Land Administration Act 1997
as at 24 Jun 2005 (includes amendments listed above except those
in the Contaminated Sites Act 2003) |
|||
|
Financial Administration Legislation Amendment
Act 2005 s. 42 |
5 of 2005 |
27 Jun 2005 |
1 Jan 2006 (see s. 2 and Gazette
23 Dec 2005 p. 6243) |
|
18 of 2005 |
13 Oct 2005 |
1 Apr 2006 (see s. 2(2) and Gazette
31 Mar 2005 p. 1153) |
|
|
Water Legislation Amendment (Competition Policy)
Act 2005 Pt. 4 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette
2 Jun 2006 p. 1985) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 Pt. 2 Div. 2 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 13 Div. 1 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Reprint 3: The Land Administration Act 1997
as at 15 Sep 2006 (includes amendments listed above except those
in the Contaminated Sites Act 2003) |
|||
|
Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2006 s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette
25 Sep 2007 p. 4835) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 11 |
24 of 2007 |
12 Oct 2007 |
24 Oct 2007 (see s. 2(1) and Gazette
23 Oct 2007 p. 5645) |
|
Petroleum Amendment Act 2007 s.
98 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
|
Reprint 4: The Land Administration Act 1997
as at 4 Jul 2008 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 83 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
48 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilaton. For the
text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Acts Amendment (Land Administration, Mining and
Petroleum) Act 1998 s. 4 and 7 2,
3 |
61 of 1998 |
11 Jan 1999 |
s. 4 comes into operation on the day on which
Pt. 5 of the Native Title (State Provisions) Act 1999 comes
into operation (see s. 2(2)); |
|
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except
s. 2.2), Pt. 3 (except s. 3.1) and Pt. 4
(see s. 1.2) |
|
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s.
90 20 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 On the date as at which this compilation was prepared, the
Acts Amendment (Land Administration, Mining and Petroleum) Act 1998
s. 4 and 7 had not come into operation. (But also see notes 3 and 4).
They read as follows:
“
4. Section 6A inserted
After section 6 the following section is inserted in
Part 1 —
“
6A. Renewal etc. of certain tenures subject to Native
Title (State Provisions) Act 1998
(1) Where the exercise of a power under this Act to renew, re-grant or
extend a non-exclusive tenure of land is a Part 5 act within the meaning of
the Native Title (State Provisions) Act 1998, the exercise of the
power is subject to section 5.3 of that Act.
(2) In subsection (1) —
non-exclusive tenure of land means an interest
under —
(a) a lease;
(b) a licence; or
(c) other authority,
that permits the use of the land but does not confer a right of exclusive
possession.
”.
7. Section 152A inserted
After section 152 the following section is
inserted —
“
152A. This Part subject to Native Title (State Provisions)
Act 1998
Where the taking of land or an interest in land under this Part is a
Part 3 act, a Part 4 act or a Part 5 act within the meaning of
the Native Title (State Provisions) Act 1998, the operation of this
Part is subject to section 3.6, 4.5 or 5.3, as the case may be, of that
Act.
”.
”.
3 The Acts Amendment (Land Administration, Mining and
Petroleum) Act 1998 s. 4 and 7, which had not come into operation
on the date as at which this compilation was prepared (see endnotes 1a and 2),
will be repealed by the Native Title (State Provisions) Act 1999
s. 7.3 (Sch. 2 Div. 1 cl. 3), which as at the date of this
compilation had also not come into operation (see endnotes 1a and 4).
4 On the date as at which this compilation was prepared, the
Native Title (State Provisions) Act 1999 s. 7.3, which gives
effect to Sch. 2, had not come into operation. It reads as follows:
“
7.3. Consequential amendments
Schedule 2 has effect.
”.
Schedule 2 Div. 4 reads as follows:
“
Division 4 — Land Administration
Act 1997
6. The Act amended
The amendments in this Division are to the Land Administration
Act 1997.
7. Section 6A inserted
After section 6 the following section is inserted in
Part 1 —
“
6A. Renewal etc. of certain tenures subject to Native Title (State
Provisions) Act 1999
(1) Where the exercise of a power under this Act to renew, re-grant or
extend a non-exclusive tenure of land is a Part 4 act within the meaning of
the Native Title (State Provisions) Act 1999, the exercise of the
power is subject to section 4.3 of that Act.
(2) In subsection (1) —
non-exclusive tenure of land means an interest
under —
(a) a lease;
(b) a licence; or
(c) other authority,
that permits the use of the land but does not confer a right of exclusive
possession.
”.
8. Section 151 amended
Section 151(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions the following
definitions —
“
approved determination of native title means an approved
determination of native title under the NTA where —
(a) the effect of the determination is that the person
concerned —
(i) holds native title; or
(ii) immediately before the taking, held native title,
in relation to the land affected by the taking;
(b) it is apparent from the terms of, or reasons for, the determination
that the person concerned held native title in relation to the land affected by
the taking immediately before the taking; or
(c) it is not apparent from the terms of, or reasons for, the
determination that native title did not exist in relation to the land affected
by the taking immediately before the taking;
registered native title body corporate and registered
native title claimant have the same meaning as they have in the
NTA;
”;
(b) in the definition of “proprietor” in paragraph (b) by
inserting after “registered” —
“
, or a registered native title body corporate or registered native title
claimant in relation to the land
”.
9. Section 152A inserted
After section 152 the following section is
inserted —
“
152A. This Part subject to Native Title (State Provisions)
Act 1999
Where the taking of land or an interest in land under this Part is a
Part 2 act, a Part 3 act or a Part 4 act within the meaning of
the Native Title (State Provisions) Act 1999, the operation of this
Part is subject to section 2.6, 3.5, or 4.3 of that Act.
”.
10. Section 153 amended
Section 153(3) is amended in paragraph (a) of the definition of
“in accordance with the NTA” as follows:
(a) by deleting “5” in the 3 places where it occurs and
inserting instead —
“ 4 ”;
(b) by deleting “1998” and inserting
instead —
“ 1999 ”.
11. Section 154 amended
(1) Section 154(1)(b) is deleted and the following paragraph is
inserted instead —
“
(b) the taking of those interests would be a compulsory acquisition that
is referred to in section 26(1)(c)(iii) of the NTA.
”.
(2) Section 154(3) is amended in the definition of “in
accordance with the NTA” as follows:
(a) in paragraph (a) —
(i) by deleting “Part 3” in the 3 places where it occurs
and inserting instead —
“ Part 2 ”;
(ii) by deleting “1998” and inserting
instead —
“ 1999 ”;
(b) in paragraph (b) —
(i) by deleting “4” in the 3 places where it occurs and
inserting instead —
“ 3 ”;
(ii) by deleting “1998” and inserting
instead —
“ 1999 ”.
12. Section 156 amended
After section 156(2) the following subsection is
inserted —
“
(2a) The entitlement of native title holders to compensation
under Part 10 is an entitlement to compensation on just terms for any loss,
diminution or impairment of, or other effect of the taking on, their native
title rights and interests.
”.
13. Section 157 amended
Section 157 is amended by inserting after “native title
holders” —
“ or a registered native title body corporate
”.
14. Section 158 repealed
Section 158 is repealed.
15. Section 162 amended
(1) Section 162(2) is amended by deleting “In” and
inserting instead —
“ Subject to subsection (3), in ”.
(2) After section 162(2) the following subsection is
inserted —
“
(3) Subsection (2) does not apply if the interest taken is a native
title right or interest.
”.
16. Section 163 amended
Section 163 is amended by deleting “of the Minister or of the
principal proprietor of the land.” and inserting
instead —
“
of —
(c) the Minister;
(d) the principal proprietor of the land; or
(e) if there is a registered native title body corporate or registered
native title claimant in relation to the land, that body corporate or
claimant.
”.
17. Section 170 amended
Section 170(5)(b) is amended by inserting after “occupier of
the land” —
“
, any registered native title body corporate or registered native title
claimant in relation to the land,
”.
18. Section 175 amended
Section 175(1)(a) is amended after subparagraph (ii) by
deleting “or” and inserting instead —
“
(iia) any registered native title body corporate or registered native
title claimant in relation to land affected by the notice;
(iib) the holder of any native title rights and interests in land affected
by the notice; or
”.
19. Section 176 amended
Section 176(1) is amended by deleting “, a lease of Crown land
or” and inserting instead —
“ or a lease of Crown land or the holders of
”.
20. Section 182 amended
Section 182(2) is amended by deleting “and to” and
inserting instead —
“
any registered native title body corporate or registered native title
claimant, and
”.
21. Section 183 amended
Section 183(2)(a) is amended by deleting “and to” and
inserting instead —
“
any registered native title body corporate or registered native title
claimant, and
”.
22. Section 184 amended
Section 184(3) is amended by deleting “and to” and
inserting instead —
“
any registered native title body corporate or registered native title
claimant, and
”.
23. Section 185 amended
Section 185(3) is amended by deleting “and to” and
inserting instead —
“
any registered native title body corporate or registered native title
claimant in relation to the land, and
”.
24. Section 186 amended
Section 186(3)(a) is amended by deleting “and to” and
inserting instead —
“
any registered native title body corporate or registered native title
claimant, and
”.
25. Section 206 amended
Section 206 (1) is amended by inserting after “interest in
land” —
“ , other than a native title right or
interest, ”.
26. Section 207 amended
After section 207(2) the following subsection is
inserted —
“
(2a) The time limit (whether it has expired or not) under this section
must, on the application of a person who wishes to make a claim in respect of
the taking of native title rights and interests, be extended if an approved
determination of native title is made in relation to the land to which the claim
relates.
”.
27. Section 212 amended
After section 212(2) the following subsection is
inserted —
“
(3) If the acquiring authority does transfer property, provide goods and
services or provide another form of compensation in accordance with a
request —
(a) the transfer of property, provision of goods and services or provision
of another form of compensation constitutes full or part compensation under this
Part, as the case may be; and
(b) the entitlement to compensation is taken to have been determined in
accordance with the provisions of this Part.
”.
28. Section 214 amended
(1) Section 214(2) is amended by deleting “If” and
inserting instead —
“ Subject to subsection (3), if ”.
(2) After section 214(2) the following subsection is
inserted —
“
(3) Subsection (2) does not operate to bar a claim in respect of
native title rights and interests if —
(a) during or after the 60 day period, or any extended time, referred
to in that subsection an approved determination of native title is made in
relation to the land to which the claim relates; and
(b) the particulars required under this section are furnished within
60 days after that determination is made.
”.
29. Section 216 amended
(1) Section 216(1) is amended by inserting after “A claimant
may,” —
“ subject to subsection (4), ”.
(2) After section 216(3) the following subsection is
inserted —
“
(4) An application cannot be made under subsection (1) if the notice
disputing the title of the claimant relates to native title rights and
interests.
”.
30. Section 217 amended
Section 217(2) is amended as follows:
(a) by deleting the passage beginning “If a judgment” and
ending “under dispute,” and inserting instead —
“
If —
(a) a judgment of the Supreme Court under section 216 confirms, in
whole, or in part, a claimant’s title to an interest in land under
dispute; or
(b) in the case of a claimant to whom section 216(4) applies, an
approved determination of native title is made in relation to the
claimant,
”;
(b) by inserting after “confirmed” —
“ or determined ”.
31. Section 221 amended
Section 221(2)(b) is deleted and the following paragraph is inserted
instead —
“
(b) if the title of the claimant was disputed
then —
(i) if the Supreme Court confirmed the claimant’s title, in whole or
in part, under section 216 — the day of the judgment;
or
(ii) if an approved determination of native title was made in relation to
the claimant — the day of the determination.
”.
32. Section 223 amended
Section 223(7) is amended by deleting “the judgment of the
Supreme Court on that issue under section 216” and inserting
instead —
“
—
(a) the judgment of the Supreme Court on that issue under
section 216; or
(b) in the case of a claimant to whom section 216(4) applies, the
outcome of any native title determination application made by the claimant under
section 61 of the NTA.
”.
33. Section 224 amended
Section 224(7) is amended by deleting “the judgment of the
Court under section 216” and inserting instead —
“
—
(a) the judgment of the Supreme Court under section 216; or
(b) in the case of a claimant to whom section 216(4) applies, the
outcome of any native title determination application made by the claimant under
section 61 of the NTA.
”.
34. Section 241 amended
(1) Section 241(1) is amended by deleting “taken under this
Part” and inserting instead —
“
, other than native title rights and interests, taken under
Part 9
”.
(2) After section 241(1) the following subsection is
inserted —
“
(1a) In determining the amount of compensation (if any) to be offered,
paid, or awarded for native title rights and interests taken under Part 9,
regard may be had to the matters referred to in this section.
”.
”.
5 The Land Administration Amendment Act 2000
s. 8(6), (7) and (8) read as follows:
“
(6) Despite section 18(6) of the Land Administration
Act 1997, an act —
(a) done in contravention of section 18(1), (2), (3) or (4) of that
Act on or before the coming into operation of this section;
(b) that, if it had been done after the coming into operation of this
section, would have required the approval in writing of the Minister;
and
(c) approved in writing by the Minister within 12 months, or such
longer period as may be prescribed under that Act, after the coming into
operation of this section,
is, and is taken always to have been, as valid and effective as it would
have been if the act were done with the approval in writing of the
Minister.
(7) Despite section 18(6) of the Land Administration
Act 1997, an act —
(a) done in contravention of section 18(1), (2), (3) or (4) of that
Act on or before the coming into operation of this section; and
(b) that, if it had been done after the coming into operation of this
section, would not have required the approval in writing of the
Minister,
is, and is taken always to have been, as valid and effective as it would
have been if the act were done with the approval in writing of the
Minister.
(8) Despite section 18(6) of the Land Administration
Act 1997, if within 12 months of the day on which this section
comes into operation an act is done in contravention of section 18(1), (2),
(3), or (4) of that Act as amended by this section that act is valid and
effective if, within 12 months of the day on which this subsection comes
into operation, the Minister approves the act in writing.
”.
6 The Mental Health Act 1962 was repealed by the
Mental Health (Consequential Provisions) Act 1996
s. 52.
7 The Land Act 1898 was repealed by the Land
Act 1933, which was repealed by the Land Administration
Act 1997 s. 281(1).
8 The Land Administration Amendment Act 2000
s. 12(4), (5) and (6) read as follows:
“
(4) Section 46(3a) of the Land Administration Act 1997 as
inserted by subsection (1) applies in respect of any order made under
section 46(3)(a) of that Act, whether that order was made on, before, or
after the coming into operation of subsection (1).
(5) Section 46(3b) of the Land Administration Act 1997 as
inserted by subsection (1) applies in respect of an order made under
section 46(3)(a) of that Act, whether that order was made on, before, or
after the coming into operation of subsection (1).
(6) Section 46(7), (8), (9), and (10) of the Land Administration
Act 1997 (the “Act”), as inserted by
section 12(3) of the Land Administration Amendment Act 2000
applies in respect of —
(a) any order made, or purportedly made, under section 46(1) of the
Act;
(b) a lease, sublease, or licence granted, or purportedly granted, by a
person referred to in section 46(10) in a manner consistent with the order,
any order made under section 46(3)(a) of the Act and the Act; and
(c) any other instrument entered into, or purportedly entered into, by a
person referred to in section 46(10) in relation to the care, control and
management of a reserve,
on or before the coming into operation of section 12(3) of the
Land Administration Amendment Act 2000 as if section 46(7),
(8), (9), and (10) had come into operation on the day on which the Act came into
operation.
”.
9 The Land Administration Amendment Act 2000
s. 18(2) reads as follows:
“
(2) If the Minister has not caused notice of the registration
of an order made under section 58(4) of the Land Administration
Act 1997 to be published in a newspaper circulating in the district of
the relevant local government under section 58(5)(c) of the Land
Administration Act 1997, that failure does not render the order invalid
and the order is, and is taken always to have been, as valid and effective as it
would have been if the notice had been so published.
”.
10 The Acts Amendment (Land Administration, Mining and
Petroleum) Act 1998 s. 13(3) reads as follows:
“
(3) The application of section 170 of the Land Administration
Act 1997 as amended by this section extends to a notice of intention,
as defined in section 151 of that Act, that is current at the commencement
of this section.
”.
11 The Discharged Soldiers’ Settlement
Act 1918 was repealed by the Miscellaneous Repeals
Act 1986.
12 The Permanent Reserves Act 1899 was repealed by
the Native Flora Protection Act 1935, which was repealed by
the Wildlife Conservation Act Amendment Act 1976.
13 The Acts Amendment (Court of Appeal) Act 2004
Sch. 1 cl. 22 was repealed by the Criminal Law and Evidence
Amendment Act 2008 s. 75(4).
14 The Rail Freight System Act 2000 s. 100 and
101 read as follows:
“
100. Sections 187-191 not to apply
Sections 187 to 191 do not apply to or in relation to corridor
land.
101. Taking of land to be as if for the conferral of
rights
When applying the Land Administration Act 1997, the taking of
land for the purpose of dealing with it as corridor land under this Act is to be
regarded as being for the purpose of, and the land is to be regarded as being
required for the purpose of, the grant of interests in the land under this Act,
whether or not interests have already been granted under this Act in respect of
the land.
”.
15 The Land Administration Amendment Act 2000
s. 48, 49 and 50 read as follows:
“
48. Validation of certain purported offers of
leases
(1) If a lessee of a pastoral lease or a former lessee of a pastoral
lease —
(a) was given a notice under section 98(11) of the
Land Act 1933; or
(b) was, after 31 December 1995 and before the coming into
operation of the Land Administration Act 1997, given notice in
writing by the Minister that the Minister would upon the expiration of the
pastoral lease extend that lease or grant to the lessee a new lease of the whole
or part of the land the subject of that lease,
then —
(c) that notice is deemed to be, and always to have been, a valid and
effective offer of a lease or an extension of a lease, as the case may
be;
(d) any acceptance of that offer by the lessee is deemed to be and, in the
case of an offer accepted before the coming into operation of this section,
always to have been valid and effective; and
(e) any lease or extension of a lease arising from an offer and acceptance
referred to in paragraphs (c) and (d) is deemed to be and always to have
been valid and effective.
(2) Without limiting the effect of
subsection (1) —
(a) the offer is deemed to have been made to the person who at the time
the notice was given was the lessee of the lease in respect of which the notice
was given;
(b) if the offer was made in relation to a lease by reference to the name
of a station and not by reference to the location details of the land contained
in the lease or the registered number of the lease under the Transfer of Land
Act 1893, the offer is deemed to have been made in relation to the land
contained in the registered lease applicable to that station at the time the
notice was given;
(c) if the offer was for a lease or an extension of the lease, the term of
the lease or the extension offered is to be for the same term as the term of the
existing pastoral lease;
(d) the annual rent payable for the lease or extension of a lease, as the
case may be, is to be and is taken always to have been determined under
section 123 of the Land Administration Act 1997;
(e) the offer is to be regarded as being accepted in relation to the land
contained in the existing pastoral lease at the time the offer is accepted
(other than any land excluded under subsections (3) to (6)); and
(f) unless otherwise provided in this subsection, the text and terms and
conditions of the lease or extension of the lease are the terms and conditions
specified in the notice given to the lessee.
(3) The Minister may for a public purpose exclude land from a lease or
extension of lease referred to in subsection (1) by giving a notice in
writing under subsection (4) to the lessee, or the successor in title to
the lessee, (the lessee) not later than 2 years after the day
on which this section comes into operation.
(4) The notice under subsection (3) is to contain the following
information —
(a) a description of the area of land to be excluded from the
lease;
(b) the reason for the land being excluded from the lease;
(c) any reduction in the rent payable under the lease as a result of the
exclusion of the land from the lease;
(d) any proposed variation in the conditions of the lease as a result of
the exclusion of the land from the lease; and
(e) that the land is to be excluded from the lease or extension concerned
upon the commencement of the lease or extension, as the case may be.
(5) If a lessee is given a notice under subsection (4) the lessee
may —
(a) accept the conditions contained in the notice;
(b) withdraw from the agreement to lease or to extend the lease;
or
(c) enter into negotiations with the Minister on the area to be excluded
from the lease or the rent to be paid as a result of the exclusion of the land
from the lease.
(6) If agreement is not reached on the matters referred to in
subsection (5)(c) by the day that is 2 years, or such other longer
period as may, for the purposes of this section, be prescribed under the Land
Administration Act 1997, after the day on which the notice was given to
the lessee (the final day), the lessee is deemed to have withdrawn
from the agreement to lease or to extend the lease on the final day.
(7) If land is not to be excluded from a lease or extension of a lease
referred to in subsection (1) for a public purpose under this section, the
Minister may give notice in writing to that effect to the lessee not later than
2 years after the day on which this section comes into operation.
(8) If a notice is not given by the day specified in subsection (3)
no land may be excluded from the lease under that subsection.
(9) In this section —
existing pastoral lease means a pastoral lease subsisting
under the Land Act 1933 immediately before the appointed day as
defined in section 3(1) of the Land Administration
Act 1997;
public purpose has the same definition as it has in
section 143(10) of the Land Administration Act 1997.
49. Pastoral leases: extension of period for acceptance of
offer
If —
(a) a notice has been given, or purported to be given, under
section 98(11) of the Land Act 1933; and
(b) the offer or purported offer has not been accepted under
section 98(11)(c) of the Land Act 1933,
the lessee, or the successor in title to the lessee, may accept the offer
not later than the day that is 12 months after the day on which this
section comes into operation or such other day as may, for the purposes of this
section, be prescribed under the Land Administration
Act 1997.
50. Offers in relation to certain leases
If a person is given a notice under section 143(6)(d) of the
Land Administration Act 1997 then the notice is a valid and
effective offer of a lease or an extension of the lease, as the case may be,
despite —
(a) the fact that the person to whom the notice was given was not the
lessee at the time the notice was given;
(b) the fact that the offer was made in relation to a lease by reference
to the name of a station and not by reference to the certificate of Crown land
title, qualified certificate of Crown land title or other location details of
the land contained in the lease or the registered number of the lease under the
Transfer of Land Act 1893, in which case the offer is deemed to have
been made in relation to the land contained in the registered lease applicable
to that station at the time the notice was given;
(c) the fact that the offer of a lease or an extension of the lease did
not state the term of the lease or extension or was not for the same term as the
term of the existing pastoral lease, in which case the term of the lease or
extension of lease is deemed to have been made for the same term as the term of
the existing pastoral lease;
(d) the notice stating that rent reviews during the lease or the extension
of the lease are to be under section 123(4) of the Land Administration
Act 1997, in which case the annual rent payable for the lease or
extension of a lease, as the case may be, is to be and is taken always to have
been determined under section 123 of the Land Administration
Act 1997; and
(e) the notice not stating that the land the subject of the offer is the
land contained in the existing pastoral lease other than any land excluded under
section 143(6d) to (6i), in which case the offer is to be regarded as
being accepted in relation to the land contained in the existing pastoral lease
at the time the offer is accepted (other than any land excluded under those
subsections),
and, unless otherwise provided in this subsection, the text and terms and
conditions of the lease or extension of the lease are the terms and conditions
specified in the notice given to the lessee.
”.
16 The Land Administration Amendment Act 2000
s. 52 reads as follows:
“
52. Reserve No. 1667
(1) Reserve No. 1667 in the City of Nedlands, classified as a
class A reserve, comprising 8.2005 hectares dedicated to the purpose of an
“Old Men’s Depot site”, is amended, despite sections 42
and 43 of the Land Administration Act 1997, by changing the purpose
of the Reserve to “Retirement village, parks and recreation, community,
and ancillary commercial purposes”.
(2) The Reserve is taken to have been reserved under section 41 of
the Land Administration Act 1997 for the purpose specified in
subsection (1).
(3) The Minister is to make an order that is to be taken to be an order
made by the Minister under the Land Administration Act 1997 that the
purpose of Reserve No. 1667 is changed in the manner referred to in
subsection (1).
”.
17 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 26 was repealed by the Criminal Law
and Evidence Amendment Act 2008 s. 77(13).
18 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28, 33 and 42 deal
with certain transitional issues some of which may be relevant for this
Act.
19 The State Administrative Tribunal
Regulations 2004 r. 33 reads as follows:
“
33. Land Administration Act 1997
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 67 comes into operation.
(2) If a matter has been partly or fully heard, but not determined, by a
Compensation Court under the Land Administration Act 1997
immediately before the commencement day —
(a) the Act section 167(4)(b) does not apply; and
(b) the matter is to continue to be dealt with as if the written law
applicable to the matter in force immediately before the commencement day
continued to apply.
”.
20 On the date as at which this reprint was prepared, the
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 90 had not come into
operation. It reads as follows:
“
90. Land Administration Act 1997
amended
(1) The amendments in this section are to the Land Administration
Act 1997.
(2) Section 111(3) is amended by deleting “declared animals and
declared plants on the land under the lease in compliance with the
Agriculture and Related Resources Protection Act 1976” and
inserting instead —
“
declared pests on the land under the lease in compliance with
the Biosecurity and Agriculture Management Act 2007
”.
(3) Section 112(2) is amended by deleting “declared animals and
declared plants” and inserting instead —
“ declared pests ”.
(4) Section 117(a) is deleted and the following paragraph is inserted
instead —
“
(a) the Biosecurity and Agriculture Management
Act 2007;
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
acquiring
authority 151(1)
address 274(2)
adjoining 3(1)
agreement
land 15(2)
alienated land 3(1)
alleged unauthorised
structure 270(1)
amenity 15(8)
ancillary purpose 106(3)
appointed
day 3(1)
appointed members 97(1a)
approved body
corporate 83(3)
approved form 3(1)
assessor member 231
authorised land
officer 3(1)
authorised stock 93
Board 93
carbon
covenant 3(1)
carbon right 3(1)
caveat 3(1)
certificate of Crown land
title 3(1)
certificate of title 3(1)
claimant 151(1)
class A nature
reserve 45(1)
class A reserve 3(1)
commencement
day 111(8)
Commissioner 93
Commissioner of Main
Roads 3(1)
company 93
condition 3(1)
conditional purchase
lease 80(1)
conditional tenure land 72
conservation
park 45(1)
continuing lease 114(1)
covenant 3(1)
Crown
land 3(1)
Crown lease 3(1)
date of taking 151(1)
dealing 3(1)
deemed
application 143(6)(c)
Department 3(1),
202(4)
designate 151(1)
designated 151(1)
designation 151(1)
employee 72
existing
pastoral lease 143(1)
external Territory 3(1)
final
day 143(6g)
geothermal energy 5(2)
geothermal energy
resources 5(2)
high water mark 3(1)
holding authority 151(1)
in
accordance with the NTA 153(3), 154(3)
instrument 3(1)
interest 3(1),
151(1), Sch. 2 cl. 1(2)
inundated land 3(1)
land 3(1)
land
administration expertise 3(1)
land district 3(1)
land reserved Sch. 3 cl.
1
lease 3(1)
licence 3(1)
location 3(1)
lot 3(1)
mall
reserve 3(1)
managed reserve 3(1)
management body 3(1)
management
lease 50(6)
management lessee 50(6)
management order 3(1),
50(7)
metropolitan region 274(6)
mining, petroleum or geothermal energy
right 3(1)
Minister 3(1)
mortgage debt 251(2)
national
park 45(1)
native title 151(1)
native title holder 151(1)
native title
rights and interests 151(1)
nature reserve 45(1)
notice 270(1)
notice
of intention 151(1)
NTA 151(1)
occupier 151(1)
order 3(1)
pastoral
lease 3(1), 101(1)
pastoral lessee 3(1)
pastoral purposes 93
Planning
Commission 3(1)
plant 267(1)
positive covenant 3(1)
pre-1933
legislation 283, Sch. 3 cl. 1
principal proprietor 151(1)
Principal
Registrar of the Supreme Court 151(1)
private road 3(1)
profit à
prendre 3(1)
prohibited stock 93
proprietor 151(1)
public access
route 3(1)
public authority 30(2)
public purpose 143(10)
public service
officer 3(1)
public utility services 3(1)
public
work 151(1)
qualified 190(2)
qualified certificate of Crown land
title 3(1)
railway 151(1)
recorded 3(1)
Register 3(1)
registered 3(1),
15(2)
registrable 15(2)
Registrar 3(1)
Registrar of
Deeds 151(1)
Registrar of Titles 3(1)
relevant local
government 63
remaining sitting days 43(4)
remuneration 3(1)
repealed
Act 3(1)
reservation 3(1)
reserve 3(1)
respondent 35(1)
responsible
person Sch. 2 cl. 45(1)
road 3(1)
scheme 3(1)
small
portion 176(1)(b)
soil conservation notice 93
special
Act 151(1)
specified purpose 144(4)
State instrumentality 3(1)
status
order 3(1), Sch. 2 cl. 1(2)
stock 3(1), 108(6), 111(7), 113(4)
structure 267(1)
subject Crown land 63
subsidiary certificate of
Crown land title 3(1)
survey
mark 268(3)
take 151(1)
taken 151(1)
taking 151(1)
taking
order 151(1)
the Account 8(1)
the additional interests 29(2)
the
adjoining land 87(1)
the Crown 264(4)
the first Act 200(2)
the
landholder 87(3)
the original portion 176(1)(a)
the Program 8(1)
the
repealed legislation Sch. 2 cl. 30(2)
the return date 113(1)
the second
Act 200(2)
the specified use 75(1)
the subject land 16(7), 52(1)
the
taker 87(3)
the trustee 261(3)
TLA 3(1)
townsite 3(1),
26(1)
transitional period 3(1)
unallocated Crown land 3(1)
unauthorised
structure 270(1)
unmanaged reserve 3(1)
war service land Sch. 2 cl.
30(2)
work 151(1)