Western Australian Consolidated Acts

LAND ADMINISTRATION ACT 1997 - SECT 36

36 .         Action which may be taken by Minister by agreement with holders of interests or freehold on breach of certain conditions or covenants

                If in the opinion of the Minister there has been a breach of any condition or covenant subject to which —

            (a)         an interest in any Crown land the subject of a contract for sale; or

            (b)         the freehold in any land transferred in fee simple under section 75(1),

                is held, the Minister may —

            (c)         without giving —

                  (i)         the holder of that interest notice under section 35(1), by agreement with that holder terminate the contract for sale and arrange for that holder to remove any caveat registered against the relevant Crown land title; or

                  (ii)         the holder of that freehold notice under section 35(1), by agreement with that holder arrange for the removal of any encumbrances to which that freehold is subject and the conveyance of that freehold to the State,

                and

            (d)         if the Minister thinks fit in the case of a contract for sale referred to in paragraph (a), cause to be refunded to the purchaser the amount already paid towards the purchase price of the land, less an amount which represents 10% of that purchase price.