Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If in the opinion
of the Minister there has been a breach of any condition or covenant subject
to which —
(a) an
interest in Crown land is held, the Minister must, if the Minister intends to
cause the forfeiture of that interest under this section, give to the holder
of that interest; or
(b) the
freehold of any land transferred in fee simple under section 75(1) is
held, the Minister must, if the Minister intends to cause the forfeiture of
that freehold under this section, give to the holder of that freehold,
(the respondent )
notice of the nature of that breach and of that intention.
(2) A respondent may,
within the period of 30 days after the giving to him or her of notice
under subsection (1) or such longer period as the Minister in special
circumstances allows, lodge an appeal against the proposed forfeiture with the
Minister under Part 3.
(3) If no appeal is
lodged within the period referred to in subsection (2) or an appeal is
lodged within that period but subsequently lapses, is withdrawn or is
dismissed, the Minister may by order cause the relevant interest or freehold
to be forfeited.
(4) On the
registration of an order made under subsection (3) —
(a) the
interest or freehold to which that order relates is forfeited to the State and
the relevant land —
(i)
becomes unallocated Crown land; or
(ii)
if a sublease or caveat continues to have effect under an
exemption granted under subsection (5)(a)(i), becomes or remains Crown
land;
(b) any
moneys paid to the Minister in respect of that interest or freehold cannot be
recovered by the respondent; and
(c) any
improvements made by the respondent on the land to which that interest or
freehold relates become the property of the Crown.
(5) Despite the
forfeiture of an interest or freehold under this section —
(a) the
Minister may —
(i)
by order exempt from that forfeiture any existing
sublease or caveat relating to the land the subject of the interest or
freehold, and a sublease or caveat so exempted continues to have effect; and
(ii)
cause any improvements made by the former holder of the
interest or freehold to be valued by agreement with the former holder or,
failing any such agreement, by arbitration under the
Commercial Arbitration Act 1985 to enable the value of improvements,
less any moneys owing to the Minister by that holder, to be paid to that
former holder if the Minister thinks fit;
and
(b) the
respondent remains liable to pay any moneys payable to the Minister in respect
of the interest or freehold before the date of that forfeiture.
(6) A sublease
which —
(a)
continues to have effect under an exemption granted under
subsection (5)(a)(i); and
(b) is
not already registered,
must be registered
against the parcel of Crown land concerned as soon as practicable after the
granting of that exemption.
(7) Despite the terms
of the exemption under subsection (5)(a)(i) under which a sublease
continues to have effect, the Minister may, with the consent of the sublessee,
by order vary the terms of the sublease.
(8) The Minister
may —
(a)
charge the respondent interest at the same rate as the rate prescribed under
section 8(1)(a) of the Civil Judgments Enforcement Act 2004 at the
date of the forfeiture under subsection (4)(a) of the relevant interest
or freehold, compounded in respect of each completed period of 6 months
during which any of the moneys concerned remain unpaid, on any moneys payable
to the Minister in respect of that interest or freehold before the date of
that forfeiture but remaining unpaid; and
(b)
recover from the respondent as a debt due to the Minister by action in a court
of competent jurisdiction the amount of any unpaid interest charged under this
subsection.
(9) The acceptance or
demand by the Minister of an amount less than the total amount of any unpaid
moneys referred to in subsection (8)(a) does not constitute a waiver by
the Minister of his or her right —
(a) to
receive payment of the balance of those unpaid moneys; or
(b) to
enforce the observance of any condition or covenant subject to which the
relevant interest or freehold was held before it was forfeited under this
section.
(10) If the land the
subject of an interest or freehold forfeited under this section is not
required for any public purpose, that land may, unless any sublease or caveat
continues to have effect under an exemption granted under
subsection (5)(a)(i), be dealt with under this Act in the same way that
any other unallocated Crown land may be dealt with.
(11) If there are any
improvements on land referred to in subsection (10), the Minister may
ascertain the value of those improvements and add that value to the price
payable for an interest in, or the freehold of, that land.
(12) An
order —
(a) made
under subsection (3) in respect of an interest in Crown land; and
(b)
registered,
is equivalent to a
re-entry and recovery of possession by or on behalf of the Crown within the
meaning of any provision for re-entry expressed in, or implied by, the
relevant lease or other instrument.
[Section 36 amended by No. 8 of 2009
s. 83(2).]