Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Minister
transfers Crown land in fee simple under section 75(1) subject to the
condition that the due performance of other conditions by the holder of the
freehold in the relevant land is to be secured by a charge on that land
registered under this section, the Minister may lodge a memorial in an
approved form with the Registrar.
(2) When the Registrar
has registered a memorial and noted the Register accordingly, the due
performance of conditions referred to in subsection (1) is a charge on
the subject land for the benefit of the Minister.
(3) If a registered
memorial referred to in subsection (2) —
(a)
states that no dealings or other instruments are to be registered in respect
of the subject land while that memorial remains registered under this section,
that memorial has effect accordingly; or
(b) does
not so state, that memorial is merely notice of its contents to those
concerned with the subject land.
(4) If any default is
made in respect of the performance referred to in subsection (2) while
the relevant memorial remains registered, the Minister has the same powers of
sale over the subject land as are given by the TLA to a mortgagee under a
mortgage in respect of which default has been made in the payment of
principal.
(5) If the Minister
determines that a charge in respect of which a memorial referred to in
subsection (2) is registered is no longer required, the Minister may
request the Registrar to cancel that memorial.
(6) On receiving a
request made under subsection (5), the Registrar must cancel the relevant
memorial and by doing so remove the charge from the subject land.
(7) In this
section —
the subject land means land referred to in
subsection (1).