Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
the existence in any other person of any estate or interest whether derived by
grant or transfer of the fee simple from the Crown or otherwise which but for
this Act might be held to be paramount or to have priority the proprietor of
land or of any estate or interest in land under the operation of this Act
shall except in case of fraud hold the same subject to such encumbrances as
may be notified on the registered certificate of title for the land; but
absolutely free from all other encumbrances whatsoever except the estate or
interest of a proprietor claiming the same land under a prior registered
certificate of title and except as regards any portion of land that may by
wrong description of parcels or boundaries be included in the certificate of
title or instrument evidencing the title of such proprietor not being a
purchaser for valuable consideration or deriving from or through such a
purchaser. Provided always that the land which shall be included in any
certificate of title or registered instrument shall be deemed to be subject to
the reservations exceptions conditions and powers (if any) contained in the
grant thereof or transfer of the fee simple or otherwise and to any rights
subsisting under any adverse possession of such land and to any public rights
of way and to any easements acquired by enjoyment or user or subsisting over
or upon or affecting such land and to any unpaid rates and to any mining lease
or licence issued under the provisions of any statute and to any prior
unregistered lease or agreement for lease or for letting for a term not
exceeding 5 years to a tenant in actual possession notwithstanding the
same respectively may not be specially notified as encumbrances on such
certificate or instrument but no option of purchase or renewal in any such
lease or agreement shall be valid as against a subsequent registered interest
unless such lease or agreement is registered or protected by caveat.
(2) Notwithstanding
the existence in any other person of any interest in Crown land which but for
this Act might be held to be paramount or to have priority, the holder of an
interest in Crown land shall, except in case of fraud, hold that interest
—
(a)
subject to such encumbrances as may be notified on the registered certificate
of Crown land title for the Crown land; but
(b)
absolutely free from all other encumbrances whatsoever, except —
(i)
the interest of a proprietor claiming the same Crown land
under a prior registered certificate of Crown land title; and
(ii)
as regards any portion of Crown land that may by wrong
description of parcels or boundaries be included in the certificate of Crown
land title or other instrument evidencing the Crown title of that proprietor,
not being a purchaser for valuable consideration or deriving from or through
such a purchaser.
(3) Notwithstanding
subsection (2), the Crown land included in any registered certificate of
Crown land title, registered qualified certificate of Crown land title or
registered instrument shall be deemed to be subject to —
(a) any
reservation, exception, condition, covenant or power to which the relevant
interest in Crown land is subject;
(b) any
public right of way;
(c) any
easement subsisting over or upon or affecting that Crown land;
(d) any
unpaid rates;
(e) any
mining tenement within the meaning of the Mining Act 1978 ; and
(f) any
prior unregistered lease or agreement for lease or for letting for a term not
exceeding 5 years to a tenant in actual possession,
even if it is, or they
are, not specially notified as an encumbrance on that certificate of Crown
land title or instrument, but no option of purchase or renewal of any lease or
agreement referred to in paragraph (f) shall be valid as against a
subsequent registered interest unless that lease or agreement is registered or
protected by a caveat.
(4) In
subsections (2) and (3), a reference to a certificate of Crown land title
or registered instrument does not include a reference to a qualified
certificate of Crown land title.
[Section 68 amended by No. 81 of 1996
s. 40; No. 31 of 1997 s. 99.]