Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
transfer Crown land in fee simple subject to such conditions concerning the
use of the land ( the specified use ) as the Minister determines.
(2) For the purposes
of this section and of section 76, the unimproved value of conditional
tenure land must be calculated as if the use of the land were not subject to
any conditions.
(3) The fee simple of
conditional tenure land may be transferred under subsection (1) for a
nominal price or a discounted price because of the community benefit to be
provided by the proposed development of the conditional tenure land for the
specified use.
(4) When conditional
tenure land is used in breach of any condition concerning the specified
use —
(a) the
conditional tenure land is liable to be forfeited under section 35; and
(b) the
Minister may recover from the holder of the freehold in the conditional tenure
land —
(i)
if the fee simple in the conditional tenure land was
transferred under subsection (1) for a nominal price, an amount equal to
the unimproved value of the conditional tenure land at the time of that
recovery; or
(ii)
if the fee simple in the conditional tenure land was
transferred under subsection (1) for a discounted price, an amount
calculated using the following formula —
where —
A is the amount the
Minister may recover from the holder of the freehold in the conditional tenure
land;
P is the unimproved
value of the conditional tenure land at the time the discounted price was
paid;
DP is the discounted
price;
R is the unimproved
value of the conditional tenure land at the time of the recovery,
by action in a court
of competent jurisdiction as a debt due to the Crown.
(5) Neither the fee
simple, nor any other estate or interest, in conditional tenure land can be
transferred without the written permission of the Minister, which may be given
subject to conditions.
(6) Conditional tenure
land cannot become the subject of any licence, mortgage, charge, security or
other encumbrance without the written permission of the Minister, which may be
given subject to conditions.
(7) The Minister may
by order, on the application of the holder of the freehold in conditional
tenure land accompanied, subject to subsection (7a), by payment to the
Minister of the relevant amount referred to in subsection (4)(b)(i) or
(ii), cancel the conditions to which the use of the conditional tenure land is
subject.
(7a) The Minister may
in prescribed circumstances, with the prior approval of the Treasurer, waive
in whole or part the payment of the relevant amount referred to in
subsection (4)(b)(i) or (ii), subject to such conditions as the Minister
determines.
(8) The rule against
perpetuities does not apply to conditions referred to in subsection (1).
[Section 75 amended by No. 59 of 2000
s. 19.]