Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Preamble
Long Title
PART I -- Introductory and general provisions
1. Short title and commencement
3. Interpretation
4. Repeal and savings
6. Minister for Lands
6A. General power of delegation of Minister
7. Crown lands may be disposed of under the provisions of this Act
8. Governor may acquire land by purchase or exchange
9. Grant or lease to Aborigines
10. Districts and townsites may be defined
11. Resumptions
12. Authentication and recording of Crown grants
13. Signature on other instruments
15. Reservations in grants
15A. Reservations relating to marketable timber
15B. Cessation of marketable timber reservations to the Crown
16. All applications subject to approval of Minister
17. Minister may order surveys of Crown land and lands reserved for town and suburban lots
18. Loss of leases, etc., and amendment of defective description
19. If the survey varies from the application, how to be dealt with
20. Minister may insert special clauses and grant limited right to timber
21. Right to enter upon lands to make surveys
22. Land of insolvents to be for benefit of creditors
23. Forfeiture for non-compliance with conditions
24. Forfeited land, how dealt with
25. Restrictions upon public officers acquiring Crown lands
26. Restriction as to age
27. Appeal to Governor
PART II -- Divisions of the State
28. Divisions
PART III -- Reserves
29. Governor may make reserves
30. Reserves to be notified in Gazette
31. Classification of reserves
31A. Restriction on abolition of national parks
32. Power to the Minister to lease reserves
33. Vesting leasing, etc. of reserves
34. By-laws
34A. Management plans
34B. Revocation of certain orders
36. Temporary reserves
37. Power to cancel or change the purpose of reserves
37AA. Continuation of estates or interests or caveats on cancellation, or change of purpose of, reserves
37A. Power to trustees to surrender or exchange certain lands
37B. Limitation of this Part
PART IV -- Town and suburban lands
38. Town and suburban lands to be sold by auction
40. Terms and conditions of sale to be read
41. Payment of purchase money
41A. Lots unsold at auction may be sold at upset price
42. Conditions relating to suburban lands
42A. Power of Minister to refund purchase money or portion thereof in certain circumstances
43. Licence to occupy
44. Lessee of town or suburban land may acquire fee simple
45. Grants of land for the purposes of the Housing Act 1980
45A. Minister may dispense with requirements under this Part as to certain sales
45B. Power to sell town and suburban land by advertisement
PART V -- Agricultural and grazing land
Division (1) -- Conditional purchase
46. Land may be declared open for selection
47. Conditional purchase with residence
49. Conditional purchase without residence
50. Additional land where lessee has not acquired the maximum area
51. Cost of survey of land not surveyed before selection
52. Selector may be required to accelerate payments for existing improvement made by a prior lessee
53. Accelerated completion of conditional purchase
54. Land for vineyards, orchards and gardens
57. Discount for payment of purchase money in advance
58. Portion of improvements may be dispensed with in certain cases
60. Subdivision of holdings
61. Special improvement conditions
62. Inclusion of closed roads in adjoining land held under conditional purchase lease
63. Devisees, etc.
63A. Price may be reduced and rent may be deferred
63B. When a lease has already expired Minister may grant extension of time to pay balance of rent
Division (2) -- Free homestead farms
64. Lands open for selection
65. Application for homestead farm
66. Occupation certificate
67. Conditions as to taking possession and residence
68. In case of illness and other valid reason absence allowed
69. Improvements before issue of Crown grant
70. Forfeiture for non-compliance with conditions
71. Certain assignments before issue of Crown grants void
72. When and on what conditions a Crown grant shall issue
73. Crown grants may be obtained after 12 months’ residence on certain conditions
74. Applicant for homestead farm may apply for C.P. land
75. Improvements on land applied for under this Division to be paid for
76. Power to cancel abandoned applications for homestead farms
77. Area of free homestead farms granted under a scheme of group settlement may be increased
78. Grants of holdings to group settlers
79. Application of section 51 (cost of survey) and of s.47 (4) (f)
Division (3) -- Working men’s blocks
80. Governor may set apart certain lands for working men’s blocks
81. Certain persons entitled to leases of working men’s blocks
82. Minister may waive forfeiture for non-residence in case of illness, etc.
83. In certain cases leases may be transferred or mortgaged with Minister’s approval
Division (4) -- Special settlement lands
84. Governor may declare lands open for selection as special settlement lands
85. Minister may improve lands within special settlement area
86. Conditions of selection of land within special settlement area
87. Power to throw open land for special selection
88. Group settlement
89. Special settlement
89A. Governor may set apart farm reconstruction areas
89B. Disposal of farm reconstruction areas to The Rural and Industries Bank
89C. Disposal of war service land no longer required for the purpose
89D. Governor may authorize Ministers to enter into agreements for disposal of areas of Crown land
PART VI -- Pastoral leases
89E. Interpretation
90. Pastoral leases may be granted
91. Application
97. Position and boundaries of leases
98. Term and rent
98A. Pastoral Board may call and examine witnesses on oath
99. Review of assessment of rent
100. Review of re-assessment
101A. Minister may grant relief from payment of rent in certain cases
101B. Minister may extend relief from payment of rent in certain cases
102. Improvement conditions
103. Penalty for non-stocking
104. Re-appraisement of pastoral leases on transfer, etc., of portion
105. Pastoral lessees have no right to soil or timber
106. Reservations
107. Permission for clearing and penalty for unauthorized clearing
109. Power to resume land from pastoral leases for agricultural settlement
110. Payment for improvements in certain cases
113. Maximum area
114. Lessees may surrender lease and apply for a new lease
115. Transfer of pastoral lease
115A. Restrictions on transfer of shares in certain companies
PART VII -- Special leases and licences
116. Minister may grant leases for special purposes
117. Town, suburban or village lands may be leased
117A. Lease or licence under or over streets for construction and maintenance of subways and bridges
117AA. Lessee may apply for fee simple
PART VIIA -- Alienation of closed roads, etc.
118A. Provisions for vesting of land in closed roads
118B. Vesting of land in former rabbit proof fence reserve
118C. Vesting of land in reserves of discontinued railways and deviations
118CA. Vesting of Crown land unsuitable for retention as separate lot or for division and retention as separate lots
118D. Vesting of additional Crown land to adjust boundaries
118E. Land to be vested for estate similar to that of adjoining land
118F. Vested land to be incorporated with adjoining land Ibid. s.7.
118G. Vested land to be subject to encumbrances on land with which it is incorporated. Ibid. s.8.
118H. Provision for increase of purchase price of land under contract of sale in certain cases. Ibid. s.10.
PART VIII -- Agricultural lands purchase
119. Funds
120. Land Purchase Board
121. Land may be surrendered
122. Land Purchase Board to report
123. Governor may purchase lands
124. Disposal of land acquired under this Act
125. Minister may improve lands purchased
126. Reserves for public purposes, roads, etc.
127. Price and conditions on which land is to be sold
128. Power to reduce selling price
129. Deferment of rent payable by discharged soldiers
130. Application of s.127 (4) and (5) to existing leases
131. Interim cropping leases
132. Appropriation of receipts when debentures are issued
133. Separate account to be kept by Treasurer
134. Report to be presented to Parliament
PART VIIIA -- Easements
134A. Interpretation
134B. Easements may be granted
134C. Proposed easement to be recorded
134D. Easement to be recorded
134E. Cancellation
134F. Easement to subsist
134G. Easements over land dedicated to a purpose
134H. Easement in anticipation of grant of fee simple
134I. Easement in gross
134J. Abandonment
134K. Production of instruments
134L. Evidence
134M. Land under Transfer of Land Act
134N. Tabling of report of grant of certain easements
PART IX -- Miscellaneous provisions
135. Priority of application
136. Applications
137. Applications for surveyed lands
138. Fractions of an acre of holdings under Part V
139. Rents
139A. Minister may defer rent payable by lessee who has served with H.M. Forces
139B. Definition of “discharged member of the forces”
140. Improvements
141. Restriction of right of resumption without compensation
142. Fee on Crown grants
143. Transfers etc., to be approved by Minister
144. Transfer of leases and licences
145. Leases and licences may be mortgaged
146. Effect of mortgage
147. Right of mortgagee
148. Transfer on sale
149. Mortgages of leases or licences to be transferred to Crown grant
149A. Transfer of estates, interests and caveats to Crown Grants
149B. Matters ancillary to transfer of estates, interests and caveats to Crown Grants
150. Minors may hold and deal with land
151. Instruments not effectual until registered
152. Caveat may be lodged
153. Notice of caveat to be given
154. No entry to be made in registry book while caveat in force
155. Compensation for lodging caveat without cause
156. Notification of caveats
157. Caveat on behalf of a beneficiary under a will or settlement not to bar registration
158. Power to Under Secretary for Lands to enter caveats
159. Executions against land
160. Power to Minister to register transmission where no administration of a deceased’s estate
161. Where death or lunacy occurs before completion of fencing and improvements
161A. Crown grant may issue in name of deceased holder
162. Acceptance of rent not to be deemed waiver of breach of convenant
163. Gazette notice equivalent to re-entry
164. Offences on public lands
164A. Removal of unauthorized structures from public lands
164AA. Application by owner or occupier of unauthorized structure for extension of time
164B. Delegation
165. Proof of residence and improvements
166. Returns of stock and improvements
167. Statutory declarations
168. Communications to be addressed to the chief executive officer of the Department
169. Auctioneer may sell without licence
170. Service of notices
171. Repayment of expenditure from loan funds by Consolidated Fund
172. Regulations
PART X -- Survey and mapping
173. Authorized land officers
175. Plans of surveys
Compilation table