Acts Amendment (Land Administration) Act 1997 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT

(LAND ADMINISTRATION)

ACT 1997

No. 31 of 1997

AN ACT to amend the Land Acquisition and Public Works Act 1902, the Local Government (Miscellaneous Provisions) Act 1960, the Transfer of Land Act 1893 and various other Acts in consequence of the repeal of the Land Act 1933 and the enactment of the Land Administration Act 1997, and for related matters.

[Assented to 3 October 1997.]

The Parliament of Western Australia enacts as follows:

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Acts Amendment (Land Administration)

s. 1

Act 1997

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment (Land

Administration) Act 1997.

Commencement

2. This Act comes into operation on the day fixed under

section 2 (1) of the Land Administration Act 1997.

References to the Land Act 1933 and Public Works

Act 1902

3. A reference in this Act —

(a)	to‘‘LandAct1933’’includesareferenceto‘‘Land Act 1933’’ and to ‘‘Land Act, 1933’’; or
(b)	to‘‘PublicWorksAct1902’’includesareferenceto ‘‘Public Works Act 1902’’ and to ‘‘Public Works Act, 1902’’.

Acts Amendment (Land Administration)

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Act 1997

s. 4

PART 2 — ABORIGINAL AFFAIRS PLANNING

AUTHORITY ACT 1972

Aboriginal Affairs Planning Authority Act 1972 amended

4. Section 26 (b) of the Aboriginal Affairs Planning Authority Act 1972* is amended by deleting ‘‘section 29 of the Land Act 1933’’ and substituting the following —

‘‘

Part 4 of the Land Administration Act 1997

’’.

[* Reprinted as at 30 July 1986.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 2-3 and Acts Nos. 18 of 1995 and 49 of 1996.]

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Acts Amendment (Land Administration)

s. 5

Act 1997

PART 3 — ABORIGINAL HERITAGE ACT 1972

Aboriginal Heritage Act 1972 amended

5. Section 22 (3) of the Aboriginal Heritage Act 1972* is

amended —

(a)	bydeleting‘‘Governormayinsteadsetapartor compulsorily take or resume’’ and substituting the following —

‘‘

Minister administering the Land

Administration Act 1997 may instead take

’’;

and

(b)

by inserting after ‘‘acquisition made’’ the following —

‘‘

under Part 9 of that Act

’’.

[* Reprinted as at 4 October 1995.

For subsequent amendments see Act No. 78 of 1995.]

Acts Amendment (Land Administration)

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Act 1997

s. 6

PART 4 — AGRICULTURE ACT 1988

Agriculture Act 1988 amended

6. Section 8 (2) (b) (i) of the Agriculture Act 1988* is amended

by deleting ‘‘Part III of the Land Act 1933’’ and substituting the

following —

‘‘

Part 4 of the Land Administration Act 1997

’’.

[* Act No. 24 of 1988.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 7.]

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Acts Amendment (Land Administration)

s. 7

Act 1997

PART 5 — AGRICULTURE AND RELATED RESOURCES

PROTECTION ACT 1976

Agriculture and Related Resources Protection Act 1976 amended

7. Section 62 of the Agriculture and Related Resources Protection Act 1976* is amended by repealing subsections (3), (3a), (4), (5), (6), and (7).

[* Reprinted as approved 10 February 1981.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 7 and Acts Nos. 14, 49 and 81 of 1996.]

Acts Amendment (Land Administration)

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Act 1997

s. 8

PART 6 — ALBANY PORT AUTHORITY ACT 1926

Albany Port Authority Act 1926 amended

8. Section 23 (1) (b) of the Albany Port Authority Act 1926* is

amended —

(a)	by deleting ‘‘or resumed’’; and
(b)	bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

Part 9 of the Land Administration

Act 1997.

’’.

[* Reprinted as approved 24 March 1971.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 8-9 and Acts Nos. 14 and 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 9

Act 1997

PART 7 — ASSOCIATIONS INCORPORATION ACT 1987

Associations Incorporation Act 1987 amended

9. Section 34 (4) of the Associations Incorporation Act 1987* is

amended by deleting ‘‘the Minister administering the Land

Act 1933,’’.

[* Act No. 59 of 1987.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 15 and Act No. 49 of 1996.]

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Act 1997

s. 10

PART 8 — BUILDERS’ REGISTRATION ACT 1939

Builders’ Registration Act 1939 amended

10. Clause 5 of the Schedule to the Builders’ Registration Act 1939* is amended by deleting ‘‘Land Act 1933, in section 28 of ’’ and substituting the following —

‘‘

Land Administration Act 1997, in Schedule 1 to

’’.

[* Reprinted as at 3 May 1993.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 22-3 and Acts Nos. 14 and 81 of 1996 and Gazette 1 March 1995.]

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Acts Amendment (Land Administration)

s. 11

Act 1997

PART 9 — BUNBURY PORT AUTHORITY ACT 1909

Bunbury Port Authority Act 1909 amended

11. Section 23 (1) (b) of the Bunbury Port Authority Act 1909*

is amended —

(a)	by deleting ‘‘or resumed’’; and
(b)	bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

Part 9 of the Land Administration

Act 1997.

’’.

[* Reprinted as at 2 January 1991.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 24-5 and Acts Nos. 14 and 49 of 1996.]

Acts Amendment (Land Administration)

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Act 1997

s. 12

PART 10 — BUNBURY RAILWAY LANDS ACT 1985

Bunbury Railway Lands Act 1985 amended

12. Section 5 of the Bunbury Railway Lands Act 1985* is amended by deleting ‘‘section 294 of the Local Government (Miscellaneous Provisions) Act 1960’’ and substituting the following —

‘‘ the Land Administration Act 1997 ’’.

[* Act No. 32 of 1985.

For subsequent amendments see Act No. 14 of 1996.]

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Acts Amendment (Land Administration)

s. 13

Act 1997

PART 11 — CATTLE INDUSTRY COMPENSATION

ACT 1965

Cattle Industry Compensation Act 1965 amended

13. Section 7 of the Cattle Industry Compensation Act 1965* is

amended by deleting ‘‘constituted and defined by section twenty-

eight of the Land Act 1933,’’ and substituting the following —

‘‘

described in Schedule 1 to the Land Administration

Act 1997,

’’.

[* Reprinted as approved 30 March 1971.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 28-9 and Acts Nos. 78 of 1995 and 49 of 1996.]

Acts Amendment (Land Administration)

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Act 1997

s. 14

PART 12 — CITY OF PERTH PARKING FACILITIES

ACT 1956

City of Perth Parking Facilities Act 1956 amended

14. Section 14 of the City of Perth Parking Facilities Act 1956*

is amended —

(a)

by deleting ‘‘the Public Works Act 1902,’’ in the first place where it occurs and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997

’’; and

(b)

by deleting ‘‘the Public Works Act 1902,’’ in the second place where it occurs and substituting the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997

’’;

and

(c)

bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

the Public Works Act 1902.

’’.

[* Reprinted as approved 17 March 1983.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 34 and Acts Nos. 78 of 1995 and 14, 49 and 81 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 15

Act 1997

PART 13 — CONSERVATION AND LAND MANAGEMENT

ACT 1984

Conservation and Land Management Act 1984 amended

15.

(1)

Section 5 of the Conservation and Land Management

Act 1984* is amended —

(a)	by deleting ‘‘and’’ after paragraph (f);
(b)	by deleting the full stop at the end of paragraph (g) and substituting a semicolon; and
(c)	by inserting after paragraph (g) the following —

‘‘

and

(h)	any other land reserved under Part 4 of the Land Administration Act 1997 the care, control and management of which are placed by order under that Part with the Commission or the Authority.

’’.

The provisions set out in the Table to this subsection are amended by inserting after ‘‘Land Act 1933’’ the following —

(2)

‘‘ , or Part 4 of the Land Administration Act 1997, ’’.

Table

section 6 (3) (b)	section 6 (6) (b)
section 6 (5) (b)	section 7 (2)

(3) Section 6 (4) is amended by inserting after ‘‘Land

Act 1933,’’ the following —

‘‘

or Part 4 of the Land Administration Act 1997,

’’.

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Act 1997

s. 15

(4)	Section 7 (2) (b) is deleted and the following paragraph is

substituted —

‘‘

(b)

by that order —

(i)	thenationalparkornaturereserveis vested, within the meaning of the Land Act 1933, in; or
(ii)	thecare,controlandmanagementofthe national park or nature reserve are placed under Part 4 of the Land Administration Act 1997 with,

some other person or persons.

’’.

(5)	Section 11 is amended —

(a)	in paragraph (a), by inserting after ‘‘Land Act 1933’’ the following —

‘‘

or Part 4 of the Land Administration

Act 1997

’’;

(b)	inparagraph(b),byinsertingafter‘‘granted’’the following —

‘‘ or transferred ’’; and

(c)	in paragraph (c), by deleting ‘‘the Land Act 1933’’ and substituting the following —

‘‘ Part 7 of the Land Administration Act 1997 ’’.

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Acts Amendment (Land Administration)

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Act 1997

(6)	Section 15 (1) is amended —

(a)	bydeleting‘‘hemay—’’andsubstitutingthe following —

‘‘

the Governor may authorize the Minister administering the Land Administration Act 1997 to —

’’;

and

(b)

inparagraph(a),bydeleting‘‘thePublicWorks Act 1902;’’ and substituting the following —

‘‘

Part 9 of that Act;

’’.

(7)	Section 17 (1) (d) is amended by deleting ‘‘Land Act 1933

or’’ and substituting the following —

‘‘

Land Administration Act 1997 as a class A reserve or under

’’.

(8)	Section 17 (5) is repealed and the following subsection is

substituted —

‘‘

Except in the case of the waters of a marine park or marine nature reserve to which subsection (6) applies, the Minister may, subject to this section, recommend to the Minister administering the Land Administration Act 1997 that an order be made to give effect to the proposal, and, if that Minister agrees, the proposed cancellation, amendment or alteration shall then be carried into effect under Part 4 of that Act.

(5)

’’.

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Act 1997

s. 15

(9) Section 17 (6) is amended by inserting after ‘‘nature

reserve,’’ the following —

‘‘

other than a marine park or marine nature reserve comprising land reserved under Part 4 of the Land Administration Act 1997,

’’.

(10) Section 19 (1) is amended by inserting after

paragraph (a) the following paragraph —

‘‘

(aa) to have the care, control and management of relevant land referred to in section 5 (h) placed with it;

’’.

(11) After section 19 (3) the following subsection is

inserted —

‘‘

(4) Notwithstanding the Land Administration Act 1997, the placing of the care, control and management of land to which section 5 (h) applies with the Commission is only for the purposes referred to in subsection (2).

’’.

(12) Section 22 (1) is amended by inserting after

paragraph (a) the following paragraph —

‘‘

(aa) to have the care, control and management of relevant land referred to in section 5 (h) placed with it;

’’.

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Acts Amendment (Land Administration)

s. 15

Act 1997

(13) After section 22 (3) the following subsection is

inserted —

‘‘

(3a) Notwithstanding the Land Administration Act 1997, the placing of the care, control and management of land to which section 5 (h) applies with the Authority is only for the purposes referred to in subsection (2).

’’.

Section 33 (2) is amended by deleting ‘‘Land Act 1933 or

land reserved, but not vested in any person, under that Act or

any other Act.’’ and substituting the following —

(14)

‘‘

Land Administration Act 1997 or land —

(a)	reserved under Part 4 of that Act, but the care, control and management of which are not placed with any person under that Act; or
(b)	reserved,butnotvestedinanyperson, under any other Act.

’’.

(15)	Section 56 (1) is amended —

(a)	by inserting after ‘‘the purpose for which the land is vested in it,’’ the following —

‘‘

or for which the care, control and management of the land are placed with it,

’’;

and

Acts Amendment (Land Administration)

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Act 1997

s. 15

(b)	bydeletingparagraph(e)andsubstitutingthe following paragraph —

‘‘

(e)	in the case of other land referred to in section 5 (g) or (h), to achieve the purpose for which the land was vested in, or for which the care, control and management of the land were placed with, the controlling body.

’’.

(16) Section 81 is amended in the definition of ‘‘public

land’’ —

(a)

in paragraph (b) —

(i)	by inserting after ‘‘granted’’ the following —

‘‘ or transferred ’’; and

(ii) insubparagraph(i),bydeleting‘‘theLand Act 1933;’’ and substituting the following —

‘‘

Part 7 of the Land Administration

Act 1997;

’’;

and

(b)	inparagraph(c),bydeleting‘‘LandAct1933but vested in’’ and substituting the following —

‘‘

Land Administration Act 1997 but the care, control and management of which are placed with

’’.

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Acts Amendment (Land Administration)

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Act 1997

(17)	Section 84 (1) is amended —

(a)	by deleting ‘‘that is not vested in the Crown or is not under the control and management of ’’ and substituting the following —

‘‘

the care, control and management of which

are not placed with the Crown or

’’;

and

(b)	by deleting ‘‘in whom the area of public land is vested or who has the control and management thereof, as the case may be.’’ and substituting the following —

‘‘

with whom the care, control and management of the area of public land are placed.

’’.

Section 87 (2) is amended by deleting paragraph (a) and ‘‘and’’ after that paragraph and substituting the following —

(18)

‘‘

(a)	reservedunderPart4oftheLand Administration Act 1997 but the care, control and management of which are not placed with any person under that Act; and

’’.

Section 108C (3) (a) is amended by deleting ‘‘section 28 of the Land Act 1933’’ and substituting the following —

(19)

‘‘ Schedule 1 to the Land Administration Act 1997 ’’.

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Act 1997

s. 15

(20) Section 130 (1) is amended by inserting after

‘‘section 5 (g)’’ the following —

‘‘ and (h), ’’.

(21) Section 130 (3) is amended by inserting after

‘‘commencement of this Act,’’ the following —

‘‘	or under Part 4 of the Land Administration Act 1997	’’.
[* Reprinted as at 20 January 1997.]

No. 31]

Acts Amendment (Land Administration)

s. 16

Act 1997

PART 14 — CONSTITUTION ACTS AMENDMENT

ACT 1899

Constitution Acts Amendment Act 1899 amended

16. Part 3 of Schedule V to the Constitution Acts Amendment Act 1899* is amended —

(a)	by inserting after the item that refers to the Advisory Council for Disability Services the following item —

‘‘

Any advisory panel appointed under Part 6 of the Land Administration Act 1997.

’’;

(b)	bydeletingtheitem‘‘Anyboardconstitutedunder section 135 of the Land Act 1933.’’; and
(c)	bydeletingtheitem‘‘TheLandPurchaseBoard appointed under the Land Act 1933.’’.

[* Reprinted as at 22 January 1997.]

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Act 1997

s. 17

PART 15 — CONTROL OF VEHICLES (OFF-ROAD AREAS)

ACT 1978

Control of Vehicles (Off-road areas) Act 1978 amended

17. Section 39 (2) (a) (i) of the Control of Vehicles (Off-road

areas) Act 1978* is amended by deleting ‘‘pursuant to section 29

of the Land Act 1933’’ and substituting the following —

‘‘

under Part 4 of the Land Administration Act 1997

’’.

[* Act No. 117 of 1978.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 49 and Acts Nos. 78 of 1995 and 14, 30, 49 and 76 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 18

Act 1997

PART 16 — COUNTRY AREAS WATER SUPPLY ACT 1947

Country Areas Water Supply Act 1947 amended

18. (1) The provisions of the Country Areas Water Supply Act 1947* set out in the Table to this subsection are amended by deleting ‘‘the Registrar of Deeds, or the Minister for the time being administering the Land Act 1933,’’ and substituting the following —

‘‘

or the Registrar of Deeds

’’.

Table

section 12BA (1)	section 12EA (1)
section 12BB (1)	section 12EA (2)
section 12BC

(2)	Section 12E (7) (a) is amended —

(a)	byinsertingafter‘‘PublicWorksAct1902’’the following —

‘‘

, as in force prior to the coming into operation of the Land Administration Act 1997,

’’;

and

(b)	by inserting after ‘‘Water Agencies (Powers) Act 1984’’ the following —

‘‘

or under Part 9 of the Land Administration

Act 1997

’’.

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s. 18

Section 12EB (3) (a) is amended by deleting ‘‘sections 29,

29A, and 29B of the Public Works Act 1902’’ and substituting the

following —

‘‘

(3)

Division 5 of Part 9 of the Land Administration

Act 1997

’’.

(4)	Section 12EC (1) is amended by deleting ‘‘Part III of the

Public Works Act 1902’’ in both places where it occurs and substituting in each place the following —

‘‘

Part 10 of the Land Administration Act 1997

’’.

(5)	Section 14 (1) is amended —

(a)	by inserting after ‘‘those Acts, the powers conferred by’’ the following —

‘‘

Part 9 of the Land Administration Act 1997 and

’’;

(b)	by deleting ‘‘that Act shall be read’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997 and the Public Works Act 1902 shall each be read

’’;

and

(c)	inparagraph(b),bydeleting‘‘thePublicWorks Act 1902 relating to those matters, in relation to the construction of public works under that Act.’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997 relating to those matters, in relation to the construction of public works under the Public Works Act 1902.

’’.

No. 31]

Acts Amendment (Land Administration)

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Act 1997

(6) Section 85 (1) is amended by deleting ‘‘or in the

Department of Lands and Surveys’’.

(7)	Section 85 (7) is amended —

(a)

by deleting ‘‘the Permanent Head of the Department of Lands and Surveys’’; and

(b)

by inserting after ‘‘Crown lease’’ the following —

‘‘

, lease of Crown land,

’’.

(8) Section 95 is amended by inserting after ‘‘conditional

purchase lease of the land,’’ the following —

‘‘

or in the certificate of title, certificate of Crown land title, qualified certificate of Crown land title or lease of Crown land relating to the land,

’’.

(9)	Section 96 is amended by deleting ‘‘the Under Secretary

for Lands’’.

(10)	Section 97 (2) is amended by deleting ‘‘Under Secretary

for Lands,’’.

[* Reprinted as at 27 May 1996.

For subsequent amendments see Acts Nos. 78 of 1995 and 14 and 81 of 1996.]

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Act 1997

s. 19

PART 17 — COUNTRY HIGH SCHOOL HOSTELS

AUTHORITY ACT 1960

Country High School Hostels Authority Act 1960 amended

19. (1) Section 11 (1) of the Country High School Hostels

Authority Act 1960* is amended —

(a)	by deleting ‘‘Governor shall, upon being requested by the Minister so to do, by Order in Council, vest in the Authority under and subject to the provisions of the Land Act 1933 — ’’ and substituting the following —

‘‘

Minister administering the Land Administration Act 1997 shall, on being requested by the Minister administering this Act to do so, by order under Part 4 of the Land Administration Act 1997, place with the Authority the care, control and management of —

’’;

(b)

in paragraph (a), by deleting ‘‘to Her Majesty under that Act’’ and substituting the following —

‘‘

under that Part of that Act

’’; and

(c)

by deleting ‘‘making of the Order the land or property shall vest accordingly.’’ and substituting the following —

‘‘

the registration of the order the care, control and management of the land shall be placed with the Authority accordingly.

’’.

No. 31]

Acts Amendment (Land Administration)

s. 19

Act 1997

Section 11 (2) is amended by deleting ‘‘so vested’’ and substituting the following —

(2)

‘‘

, the care, control and management of which are

placed with it under subsection (1),

’’.

[* Reprinted as approved 7 April 1971.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 51.]

Acts Amendment (Land Administration)

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Act 1997

s. 20

PART 18 — COUNTRY TOWNS SEWERAGE ACT 1948

Country Towns Sewerage Act 1948 amended

20. (1) Section 11 (1) of the Country Towns Sewerage

Act 1948* is amended —

(a)	by inserting after ‘‘those Acts, the powers conferred by’’ the following —

‘‘

Part 9 of the Land Administration Act 1997 and

’’;

and

(b)	by deleting ‘‘that Act shall be read’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997 and the Public Works Act 1902 shall each be read

’’.

(2) Section 89 is amended by inserting after ‘‘conditional

purchase lease of the land,’’ the following —

‘‘

or in the certificate of title, certificate of Crown land title, qualified certificate of Crown land title or lease of Crown land relating to the land,

’’.

(3)	Section 90 is amended by deleting ‘‘the Under Secretary

for Lands’’.

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Acts Amendment (Land Administration)

s. 20

Act 1997

(4)	Section 91 (2) is amended by deleting ‘‘Under Secretary

for Lands,’’.

[* Reprinted as approved 28 May 1996.

For subsequent amendments see Acts Nos. 14 and 81 of 1996.]

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Act 1997

s. 21

PART 19 — CRIMES (CONFISCATION OF PROFITS)

ACT 1988

Crimes (Confiscation of Profits) Act 1988 amended

21. The provisions of the Crimes (Confiscation of Profits)

Act 1988* set out in the Table to this section are amended —

(a)	by inserting after ‘‘in the form’’ the following —

‘‘ approved or ’’; and

(b)	by deleting ‘‘, the Registration of Deeds Act 1856 or the Land Act 1933’’ and substituting the following —

‘‘ or the Registration of Deeds Act 1856 ’’.

Table

section 25 (6)	section 26 (5)
section 25 (8)	section 50 (5)
section 26 (3)	section 50 (7)

[* Act No. 47 of 1988.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 53 and Acts Nos. 78 of 1995 and 14 of 1996.]

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Acts Amendment (Land Administration)

s. 22

Act 1997

PART 20 — CURTIN UNIVERSITY OF TECHNOLOGY

ACT 1966

Curtin University of Technology Act 1966 amended

22. Section 31 (1) (a) of the Curtin University of Technology

Act 1966* is amended by deleting ‘‘to Her Majesty under the

Land Act 1933’’ and substituting the following —

‘‘

under Part 4 of the Land Administration Act 1997

’’.

[* Reprinted as at 24 August 1988.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 56 and Acts Nos. 78 of 1995 and 22, 35 and 49 of 1996.]

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Act 1997

s. 23

PART 21 — EAST PERTH REDEVELOPMENT ACT 1991

East Perth Redevelopment Act 1991 amended

23. (1) Section 21 (1) of the East Perth Redevelopment

Act 1991* is amended —

(a)	by inserting after ‘‘purposes of ’’ the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997 and

’’;

(b)	by deleting ‘‘and the Authority’’ and substituting the following —

‘‘

and, if necessary for any of those purposes,

the Authority

’’;

and

(c)

bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

the Public Works Act 1902.

’’

(2)	Section 21 (2) is amended —

(a)	by inserting after ‘‘applying’’ the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997 and

’’;

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Acts Amendment (Land Administration)

s. 23

Act 1997

(b)	inparagraph(a),bydeleting‘‘thatAct’’and substituting the following —

‘‘ those Acts ’’; and

(c)	by deleting paragraphs (b) and (c) and substituting the following paragraphs —

‘‘

(b)	sections 170, 171, 172, 173, 174, 175, and 184 of the Land Administration Act 1997 do not apply; and
(c)	sections 187, 188, 189, 190, and 191 of the Land Administration Act 1997 do no t app l y t o l and in the redevelopment area taken or acquired under the Public Works Act 1902 before the commencement of this Act.

’’.

(3)	Section 23 is amended by deleting ‘‘section 288A of the

Local Government (Miscellaneous Provisions) Act 1960’’ and substituting the following —

‘‘

section 58 of the Land Administration Act 1997

’’.

[* Act No. 62 of 1991.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 65 and Acts Nos. 14, 23, 41, 49 and 82 of 1996.]

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Act 1997

s. 24

PART 22 — EDITH COWAN UNIVERSITY ACT 1984

Edith Cowan University Act 1984 amended

24. Section 28 (1) (a) of the Edith Cowan University Act 1984*

is amended by deleting ‘‘to Her Majesty under the Land

Act 1933’’ and substituting the following —

‘‘

under Part 4 of the Land Administration Act 1997

’’.

[* Reprinted as at 16 May 1991.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 65 and Acts Nos. 78 of 1995 and 22 and 49 of 1996.]

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Acts Amendment (Land Administration)

s. 25

Act 1997

PART 23 — ELECTRICITY ACT 1945

Electricity Act 1945 amended

25. (1)

by deleting ‘‘the Public Works Act 1902-33’’ and substituting the

following —

Section 10 (1) of the Electricity Act 1945* is amended

‘‘

Part 9 of the Land Administration Act 1997

’’.

Section 10 (2) is amended by deleting ‘‘the Public Works Act 1902-33’’ and substituting the following —

(2)

‘‘

Part 10 of the Land Administration Act 1997

’’.

[* Reprinted as approved 26 June 1984.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 69 and Acts Nos. 78 of 1995 and 14 and 63 of 1996.]

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Act 1997

s. 26

PART 24 — ENERGY CORPORATIONS (POWERS)

ACT 1979

Energy Corporations (Powers) Act 1979 amended

26. (1)

Section 28 (3) (c) of the Energy Corporations (Powers)

Act 1979* is amended by deleting ‘‘or resumed pursuant to the

Public Works Act 1902’’ and substituting the following —

‘‘

under Part 9 of the Land Administration Act 1997

’’.

(2) Section 37 (1) is amended by deleting ‘‘or resumption pursuant to the Public Works Act 1902’’ and substituting the following —

‘‘

under Part 9 of the Land Administration Act 1997

’’.

Section 38 (1) (a) is amended by inserting after ‘‘Public Works Act 1902’’ the following —

(3)

‘‘

or the Land Administration Act 1997

’’.

( 4 )

Sec t ion

(2 )

i s

amended

de le t ing

‘‘section 17 (2) (c) (ii) of the Public Works Act 1902’’ and

substituting the following —

‘‘

section 170 (5) (b) of the Land Administration

Act 1997

’’.

(5)	Section 38 (3) is repealed.
(6)	Section 38 (4) is amended —

(a)

by deleting ‘‘it shall be a sufficient compliance with section 23 (3) and (4) of the Public Works Act 1902, if there is’’ and substituting the following —

‘‘ there shall be

’’; and

No. 31]

Acts Amendment (Land Administration)

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Act 1997

(b)	byinsertingbefore‘‘returnedtotheperson’’the following —

‘‘ shall be ’’.

(7)	Section 39 (2) (a) is amended —

(a)	by deleting ‘‘section 29A of the Public Works Act 1902’’ and substituting the following —

‘‘

section 191 of the Land Administration

Act 1997

’’;

and

(b)

insubparagraph(i),bydeleting‘‘thatAct;or’’and substituting the following —

‘‘

the Public Works Act 1902; or

’’.

(8)	Section 40 (2) is amended —

(a)	by deleting ‘‘or compulsory resumption’’; and
(b)	by deleting ‘‘section 29, section 29A, and section 29B of the Public Works Act 1902,’’ and substituting the following —

‘‘

sections 187, 188, 189, 190, and 191 of the

Land Administration Act 1997

’’.

(9) Section 45 (3) (b) is amended by deleting ‘‘the Public

Works Act 1902,’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997,

’’.

Acts Amendment (Land Administration)

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s. 26

Section 45 (5) is amended by deleting ‘‘the Public Works Act 1902,’’ and substituting the following —

(10)

‘‘

Parts 9 and 10 of the Land Administration Act 1997,

’’.

(11)	Section 45 (7) is amended —

(a)	bydeleting‘‘acquisitionorundertakethatpublic work,’’ and substituting the following —

‘‘

acquisition under Part 9 of the Land Administration Act 1997 or undertake that public work under the Public Works Act 1902,

’’;

and

(b)	by deleting ‘‘gazetting of the notice of the acquisition of the land for the purposes of section 63 of that Act’’ and substituting the following —

‘‘

taking of the land for the purposes of section 241 (2) (c) of the Land Administration Act 1997

’’.

(12)	Section 45 (8) is repealed.
(13)

Section 45 (9) and (10) are repealed and the following subsections are substituted —

‘‘

(9) For the purposes of this Act, where a corporation so requires the corporation may exercise any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to the compulsory

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Act 1997

taking of any land, or the entry on, occupation or use of any land, pursuant to this Act any reference in that Act or those Parts to the relevant Minister, or to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act as a reference to the corporation and that Act or those Parts may be construed accordingly.

Subsection (9) does not prevent the relevant Minister from exercising the relevant Minister’s powers under the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 on behalf of a corporation when requested by the corporation to do so.

(10)

’’.

(14) Section 45 (11) is amended by deleting ‘‘the Public

Works Act 1902,’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997,

’’.

(15) Section 45 (12) is amended by deleting ‘‘section 17 (2) (d) (i) of the Public Works Act 1902’’ and substituting the following —

‘‘

section 175 (1) of the Land Administration Act 1997

’’.

(16)	Section 45 (13) is amended —

(a)	by deleting ‘‘pursuant to the Public Works Act 1902,’’ and substituting the following —

‘‘

under Part 9 of the Land Administration

Act 1997

’’;

(b)	bydeleting‘‘uponpublicationintheGovernment Gazette of the notice referred to in section 17 (1) of the

Acts Amendment (Land Administration)

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Act 1997

s. 26

Public Works Act 1902, be vested in the corporation for the public work specified in that notice, by force of section 18 of that Act as read with this subsection;’’ and substituting the following —

‘‘

on the registration of the relevant taking order made under section 177 of that Act, be vested in the corporation for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection;

’’;

(c)	bydeleting‘‘Governormay,bythatnotice,’’and substituting the following —

‘‘

Minister administering that Act may, by

that taking order,

’’;

and

(d)	bydeleting‘‘theGovernoronfurthernotice,’’and substituting the following —

‘‘

that Minister by a subsequent order under

that Act,

’’.

(17)	Section 45 (14) is amended —

(a)	bydeleting‘‘setapart,takenorresumed’’and substituting the following —

‘‘ taken ’’;

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Act 1997

(b)	bydeleting‘‘thePublicWorksAct1902,then notwithstanding section 18’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997, then notwithstanding section 179

’’;

and

(c)	inparagraph(b),bydeleting‘‘section34’’and substituting the following —

‘‘ section 202 ’’.

(18) After section 45 (15) the following subsection is

inserted —

‘‘

(16)	In subsections (9) and (10) —

‘‘relevant Minister’’ means the Minister administering the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997, as the case requires.

’’.

(19)	Section 46 (3) is amended —

(a)	in paragraph (b), by deleting ‘‘or resume under and in accordance with the Public Works Act 1902’’ and substituting the following —

‘‘

under Part 9 of the Land Administration

Act 1997

’’;

and

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 26

(b)	in paragraph (c), by deleting ‘‘section 25 of the Public Works Act 1902.’’ and substituting the following —

‘‘

section 176 of the Land Administration

Act 1997.

’’.

(20) Section 46 (10) is amended by deleting ‘‘section 17, section 82, section 112, or section 112A of the Public Works Act 1902,’’ and substituting the following —

‘‘

Subdivision 2 of Division 3, or Division 4, of Part 9 of the Land Administration Act 1997 or section 82 of the Public Works Act 1902,

’’.

[* Reprinted as at 25 May 1995.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 70-1 and Acts Nos. 78 of 1995 and 14 of 1996.]

No. 31]

Acts Amendment (Land Administration)

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Act 1997

PART 25 — ENVIRONMENTAL PROTECTION ACT 1986

Environmental Protection Act 1986 amended

27. (1) Section 66 (1) of the Environmental Protection

Act 1986* is amended —

(a)

in paragraph (a), by inserting after ‘‘Transfer of Land Act 1893’’ the following —

‘‘

or Land Administration Act 1997

’’;

(b)

by inserting after paragraph (a) the following —

‘‘ or ’’;

(c)	by deleting ‘‘; or’’ at the end of paragraph (b) and substituting a full stop; and
(d)	by deleting paragraph (c).

The provisions set out in the Table to this subsection are amended by deleting ‘‘, the Registrar of Deeds and Transfers or the Under Secretary for Lands’’ and substituting the following —

(2)

‘‘

or the Registrar of Deeds and Transfers

’’.

Table

section 66 (2)	section 66 (4)
section 66 (3)

(3)	Section 66 (5) is amended —

(a)	by deleting the semicolon at the end of the definition of ‘‘Registrar of Deeds and Transfers’’ and substituting a full stop; and

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 27

(b)	bydeletingthedefinitionof‘‘UnderSecretaryfor Lands’’.

[* Reprinted as at 7 March 1996.

For subsequent amendments see Acts Nos. 14, 23, 49,

50 and 81 of 1996.]

No. 31]

Acts Amendment (Land Administration)

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Act 1997

PART 26 — ESPERANCE PORT AUTHORITY ACT 1968

Esperance Port Authority Act 1968 amended

28. Section 24 (1) (b) of the Esperance Port Authority Act 1968*

is amended —

(a)	by deleting ‘‘or resumed’’; and
(b)	bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

Part 9 of the Land Administration

Act 1997.

’’.

[* Act No. 11 of 1968.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 14 and 43 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 29

PART 27 — FORREST PLACE AND CITY STATION

DEVELOPMENT ACT 1985

Forrest Place and City Station Development Act 1985 amended

29. (1) Section 3 of the Forrest Place and City Station Development Act 1985* is amended in the definition of ‘‘reserved land’’ by deleting ‘‘Part III of the Land Act 1933’’ and substituting the following —

‘‘

Part 4 of the Land Administration Act 1997

’’.

(2) Section 8 is amended by deleting ‘‘Governor under Part III of the Land Act 1933 to reserve lands vested in the Crown’’ and substituting the following —

‘‘	Minister administering the Land Administration Act 1997 under Part 4 of that Act to reserve Crown land

’’.

(3)	Section 9 (1) is amended —

(a)	by deleting ‘‘Part VIIIA of the Land Act 1933’’ and substituting the following —

‘‘ Part 8 of the Land Administration Act 1997 ’’;

(b)

by deleting paragraphs (a) and (b); and

(c)

in paragraph (c) —

(i)	by deleting the portion of the paragraph that begins ‘ ‘section 134J’’ and ends ‘ ‘the following — ’’ and substituting the following —

‘‘

section 150 (5) of that Act shall be deemed to be amended by inserting after ‘‘any purpose’’ the following —

’’;

and

No. 31]

Acts Amendment (Land Administration)

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Act 1997

(ii) bydeleting‘‘,removefromtheappropriate register or registers’’.

(4)	Section 9 (2) is amended by deleting ‘‘Part VIIIA of the

Land Act 1933’’ and substituting the following —

‘‘

Part 8 of the Land Administration Act 1997

’’.

(5) Section 11 (1) is amended by deleting ‘‘the Local Government (Miscellaneous Provisions) Act 1960’’ and substituting the following —

‘‘

Part 5 of the Land Administration Act 1997

’’.

(6)	Section 11 (2) is amended —

(a)	bydeleting‘‘section288AoftheLocalGovernment (Miscellaneous Provisions) Act 1960’’ and substituting the following —

‘‘

section 58 (1) to (5) of the Land

Administration Act 1997

’’;

(b)	inparagraph(a),byinsertingafter‘‘Minister’’the following —

‘‘

administering the Land Administration

Act 1997

’’;

(c)	by deleting ‘‘and’’ after paragraph (a); and
(d)	bydeletingparagraph(b)andsubstitutingthe following paragraphs —

‘‘

(b)	whenthenotificationreferredtoin paragraph (a) has been given the Minister referred to in that paragraph

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 29

shall cause the relevant order to be registered under the Transfer of Land Act 1893; and

(c)	the street shall be closed on and from the day that order is so registered.

’’.

(7)	Section 11 (3) is amended —

(a)	by deleting ‘‘Section 294 (1) (a) and (b) of the Local Government (Miscellaneous Provisions) Act 1960 apply’’ and substituting the following —

‘‘

Section 58 (6) of the Land Administration

Act 1997 applies

’’;

and

(b)	by deleting ‘‘street’’ in the second place where it occurs and substituting the following —

‘‘ road ’’.

Section 12 (1) is amended by deleting ‘‘Subsections (2) to

(6) of section 17 of the Public Works Act 1902’’ and substituting

the following —

(8)

‘‘

Sections 170, 171, 172, 173, 174, and 175 of the Land

Administration Act 1997

’’.

Section 12 (2) is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

(9)

‘‘

Part 10 of the Land Administration Act 1997

’’.

No. 31]

Acts Amendment (Land Administration)

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Act 1997

(10)	Section 12 (3) is amended by deleting ‘‘Land Act 1933

and, if it is under the operation of the Transfer of Land Act 1893, removed from the operation of that Act.’’ and substituting the following —

‘‘ Land Administration Act 1997.

’’.

(11) Section 12 (6) is amended by deleting ‘‘setting apart, taking or resumption of the land under the Public Works Act 1902.’’ and substituting the following —

‘‘

taking of the land under Part 9 of the Land

Administration Act 1997.

’’.

(12)	Section 13 is amended —

(a)	bydeleting‘‘reservedlandisvestedin’’and substituting the following —

‘‘

the care, control and management of

reserved land are placed with

’’;

and

(b)	in paragraph (a), by deleting ‘‘Order in Council vesting the land in the City shall not be revoked under section 34B (1) of the Land Act 1933’’ and substituting the following —

‘‘

order placing the care, control and management of the land with the City shall not be revoked under Part 4 of the Land Administration Act 1997

’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 29

Section 15 (1) is amended by deleting ‘‘vested in’’ and substituting the following —

(13)

‘‘ placed with ’’.

Section 18 (1) (a) (ii) is amended by deleting ‘‘that is vested in’’ and substituting the following —

(14)

‘‘

the care, control and management of which are placed

with

’’.

[* Act No. 106 of 1985.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 83 and Act No, 14 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 30

Act 1997

PART 28 — GERALDTON FORESHORE AND MARINA

DEVELOPMENT ACT 1990

Geraldton Foreshore and Marina Development Act 1990 amended

30. (1)

Section 4 (2) of the Geraldton Foreshore and Marina Development Act 1990* is amended by deleting ‘‘Sections 29, 29A and 29B of the Public Works Act 1902 do’’ and substituting the following —

‘‘

Sections 187, 188, 189, 190, and 191 of the Land

Administration Act 1997 do

’’.

(2)	Section 8 (3) is repealed and the following subsection is

substituted —

‘‘

(3) The provisions of the Land Administration Act 1997 apply to and in relation to the lands referred to in subsections (1) and (2) as if —

(a)	the lands were reserved; and
(b)	thecare,controlandmanagementofthe lands were placed with the City of Geraldton,

under Part 4 of that Act.

’’.

(3)	Section 10 (2) is repealed and the following subsection is

substituted —

‘‘

(2) The provisions of the Land Administration Act 1997 apply to and in relation to the land referred to in subsection (1) as if —

(a)	the land were reserved; and

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 30

(b)	thecare,controlandmanagementofthe land were placed with the Commission,

under Part 4 of that Act.

’’.

(4)	Section 11 (2) is amended —

(a)

bydeleting‘‘theLocalGovernment(Miscellaneous Provisions) Act 1960’’ and substituting the following —

‘‘

Part 5 of the Land Administration Act 1997

’’; and

(b)

bydeleting‘‘declaredtobepublicstreetsunder section 288’’ and substituting the following —

‘‘

dedicated as roads under section 56

’’.

[* Act No. 44 of 1990.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 90 and Act No. 14 of 1996.]

No. 31]

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Act 1997

PART 29 — GERALDTON PORT AUTHORITY ACT 1968

Geraldton Port Authority Act 1968 amended

31. Section 24 (1) (b) of the Geraldton Port Authority Act 1968*

is amended —

(a)	by deleting ‘‘or resumed’’; and
(b)	bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

Part 9 of the Land Administration

Act 1997.

’’.

[* Act No. 10 of 1968.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 90 and Acts Nos. 14 and 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 32

PART 30 — HEALTH ACT 1911

Health Act 1911 amended

32. (1)

second proviso by deleting ‘‘the Public Works Act 1902.’’ and

substituting the following —

Section 62 of the Health Act 1911* is amended in the

‘‘

Part 10 of the Land Administration Act 1997.

’’.

Section 83 (c) is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

(2)

‘‘

Part 10 of the Land Administration Act 1997

’’.

[* Reprinted as at 18 December 1990.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 97-9, and Acts Nos. 88 of 1994, 78 of 1995 and 14, 28, 49, 50, 64 and 81 of 1996.]

No. 31]

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Act 1997

PART 31 — HERITAGE OF WESTERN AUSTRALIA

ACT 1990

Heritage of Western Australia Act 1990 amended

Section 3 (2) (a) (ii) and (iii) of the Heritage of Western Australia Act 1990* are deleted and the following subparagraph is substituted —

33. (1)

‘‘

(ii) where the land is subject to the Transfer of Land Act 1893 or the Land Administration Act 1997, a proprietor within the meaning of the Transfer of Land Act 1893;

’’.

(2) Section 73 (1) (b) is amended by deleting ‘‘the Public Works Act 1902 applies and liable to be compulsorily acquired under that Act;’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997 applies and liable to be taken under that Part;

’’.

(3)	Section 73 (1) (c) is amended —

(a)	by deleting ‘‘upon the publication in the Gazette of a notice under section 17 (2) (b) of that Act,’’ and substituting the following —

‘‘

on the issue of a notice of intention under section 171 of the Land Administration Act 1997,

’’;

and

(b)	by deleting ‘‘or resumption’’.

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[No. 31

Act 1997

s. 33

Section 73 (2) is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

(4)

‘‘

Part 10 of the Land Administration Act 1997

’’.

Section 73 (3) is amended by deleting ‘‘or resuming any

land under the provisions of the Public Works Act 1902’’ and

substituting the following —

(5)

‘‘

any land under Part 9 of the Land Administration

Act 1997

’’.

(6)	Section 77 (2) is amended —

(a)	by deleting ‘‘section 113 of the Public Works Act 1902’’ in both places where it occurs and substituting in each place the following —

‘‘

section 203 of the Land Administration

Act 1997

’’;

and

(b)

bydeleting‘‘section112A’’inbothplaceswhereit occurs and substituting in each place the following —

‘‘

Division 4 of Part 9

’’.

(7) Section 77 (3) is amended by deleting ‘‘section 112A or 113 of the Public Works Act 1902’’ and substituting the following —

‘‘

Division 4 of Part 9 of the Land Administration

Act 1997

’’.

[* Act No. 103 of 1990.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 100 and Acts Nos. 78 of 1995 and 14 and 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 34

Act 1997

PART 32 — HOSPITALS AND HEALTH SERVICES

ACT 1927

Hospitals and Health Services Act 1927 amended

34. (1) Section 7B (8) of the Hospitals and Health Services Act 1927* is amended by deleting ‘‘the Minister administering the Land Act 1933’’.

(2) Section 16 (6) is amended by deleting ‘‘the Minister

administering the Land Act 1933’’.

[* Reprinted as at 22 April 1993.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 102 and Acts Nos. 14, 17, 49 and 69 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 35

PART 33 — HOUSING ACT 1980

Housing Act 1980 amended

35. Section 21 (1) (a) of the Housing Act 1980* is amended by

deleting ‘‘set apart or reserved under the Land Act 1933’’ and

substituting the following —

‘‘

reserved under Part 4 of the Land Administration

Act 1997

’’.

[* Act No. 58 of 1980.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 102-3 and Acts Nos. 14, 41, 49 and 81 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 36

Act 1997

PART 34 — HOUSING LOAN GUARANTEE ACT 1957

Housing Loan Guarantee Act 1957 amended

36. Section 7B (1a) (c) and (d) of the Housing Loan Guarantee

Act 1957* are amended by deleting ‘‘section twenty-eight of the

Land Act 1933’’ and substituting the following —

‘‘

Schedule 1 to the Land Administration Act 1997

’’.

[* Reprinted as approved 20 May 1974.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 103 and Acts Nos. 14 and 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 37

PART 35 — LAND ACQUISITION AND PUBLIC WORKS

ACT 1902

Principal Act

37. In this Part the Land Acquisition and Public Works

Act 1902* is referred to as the principal Act.

[* Previously the Public Works Act 1902.

Reprinted as at 22 June 1992. and Acts Nos. 14, 49 and 81 of 1996.]

For subsequent amendments, see 1995 Index to

Long title repealed and new long title substituted

38. The principal Act is amended by repealing the long title and substituting the following —

‘‘

AN ACT relating to public works.

’’.

Section 1 amended

39. Section 1 of the principal Act is amended by deleting ‘‘Land

Acquisition and’’.

Section 2 amended

40. Section 2 of the principal Act is amended —

(a)	by repealing the definition of ‘‘Claimant’’;
(b)	in the definition of ‘‘Crown land’’ —

(i) by deleting ‘‘dedicated to’’ and substituting the following —

‘‘ designated for ’’; and

No. 31]

Acts Amendment (Land Administration)

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Act 1997

(ii) by deleting ‘‘of class A under section 31 (1) (a) of the Land Act 1933’’ and substituting the following —

‘‘

a class A reserve under the Land

Administration Act 1997

’’;

(c)

in the definition of ‘‘Minister’’ —

(i)	by deleting all words from ‘‘and also as regards’’ to ‘‘enforcement thereof ’’, inclusive; and
(ii)	by deleting ‘‘save and except as aforesaid,’’;

(d)

by repealing the definitions of ‘‘native title’’, ‘‘native title holder’’, ‘‘native title rights and interests’’, ‘‘NTA’’, ‘‘Principal Registrar of the Supreme Court’’, ‘‘Public notice’’ and ‘‘Publicly notified’’;

(e)

byrepealingthedefinitionof‘‘Publicreserve’’and substituting the following definition —

‘‘

‘‘Public reserve’’ means a reserve under the Land Administration Act 1997;

’’;

(f)	in paragraph (17A) of the definition of ‘‘Public work’’ and ‘‘work’’, by deleting ‘‘reserves within the meaning of the Land Act 1933)’’ and substituting the following —

‘‘ public reserves) ’’; and

(g)	byrepealingthedefinitionsof‘‘PublicWorksActs’’ and ‘‘Respondent’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 41

Section 5A amended

41. Section 5A (f) of the principal Act is amended by deleting

‘‘Office of Government Accommodation’’ and substituting the

following —

‘‘ Government Property Office ’’.

Part 1B repealed

42. Part 1B of the principal Act is repealed.

Heading to Part II amended

43. The heading to Part II of the principal Act is amended by

deleting ‘‘TAKING LANDS FOR’’ and substituting the

following —

‘‘ AUTHORIZING ’’.

Section 10 repealed and a section substituted

44. Section 10 of the principal Act is repealed and the following

section is substituted —

‘‘

Entry on land required for a public work

10. (1) Division 4 of Part 9 of the Land Administration Act 1997 (dealing with the entry on land required for a public work) applies as if a reference in that Division to ‘‘the Minister’’ were a reference to the Minister responsible for the administration of this Act.

(2)	Part 10 of the Land Administration Act 1997

(dealing with compensation) applies in relation to an act done under subsection (1) as if it had been done under that Act.

’’.

No. 31]

Acts Amendment (Land Administration)

s. 45

Act 1997

Sections 12 to 27 repealed and headings deleted

45. (1) 21, 22, 23, 24, 25, 26 and 27 of the principal Act are repealed.

Sections 12, 13, 13A, 14, 15, 16, 17, 17A, 18, 19, 20,

The headings before sections 12, 25, 26 and 27 of the principal Act are deleted.

(2)

Section 28 repealed and a section substituted and heading deleted

46. (1) Section 28 of the principal Act is repealed and the

following section is substituted —

‘‘

Power may be exercised after initiation of a public work

28. A power under this Act that may be exercised in relation to a public work, including a power to close a road or street, may be exercised at any time when it is found convenient or desirable to exercise it for the construction, or during the existence, of the public work concerned.

’’.

(2) The heading before section 28 of the principal Act is

deleted.

Sections 29 to 33B repealed and heading deleted

47. (1) the principal Act are repealed.

Sections 29, 29A, 29B, 30, 31, 32, 33, 33A and 33B of

(2) The heading before section 29 of the principal Act is

deleted.

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[No. 31

Act 1997

s. 48

Part IIA repealed

48. Part IIA of the principal Act is repealed.

Part III repealed

49. Part III of the principal Act is repealed.

Section 83C amended

50. Section 83C of the principal Act is amended by repealing

subsections (3) and (4) and substituting the following

subsections —

‘‘

(3) Subject to subsection (2), a claim shall be made and compensation assessed in accordance with Part 10 of the Land Administration Act 1997 as if a reference in that Part to the acquiring authority were a reference to the Minister or local government.

The Minister or local government shall offer to negotiate with the occupier of, or the proprietor of any interest in, the land affected by an act under this Act for the payment of compensation for any damage caused, or expected to be caused, by the act, and a person who enters into such an agreement shall not be entitled to claim compensation for that damage under subsection (2).

(4)

’’.

Section 91 amended

51. Section 91 (3) of the principal Act is amended by inserting after ‘‘publicly notified’’ the following —

‘‘ in the same way

’’.

No. 31]

Acts Amendment (Land Administration)

s. 52

Act 1997

Sections 97 and 98 repealed

52. Sections 97 and 98 of the principal Act are repealed.

Section 99 amended

53. Section 99 of the principal Act is amended in subsection (3) by deleting ‘‘Part III’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997

’’.

Section 105 repealed

54. Section 105 of the principal Act is repealed.

Sections 112 to 113 repealed

55. Sections 112, 112A and 113 of the principal Act are

repealed.

Section 116 amended

56. Section 116 of the principal Act is amended by deleting

‘‘Land Acquisition and’’.

Section 119 repealed

57. Section 119 of the principal Act is repealed.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 58

Section 122 amended

58. Section 122 of the principal Act is amended —

(a)	in subsection (1) —

(i) by deleting ‘‘and any land required to be taken, purchased, or acquired for such work, or anything commenced under any such authority as aforesaid,’’; and

(ii) by deleting ‘‘taken, purchased, or acquired,’’;

and

(b)	in subsection (2) by deleting ‘‘, taking,’’.

Section 123 amended

59. Section 123 (1) of the principal Act is amended by deleting ‘‘lands taken or’’ and ‘‘, taken,’’.

Schedules 3 to 9 repealed

60. Schedules 3, 4, 5, 6, 7, 8 and 9 to the principal Act are

repealed.

No. 31]

Acts Amendment (Land Administration)

s. 61

Act 1997

PART 36 — LAND DRAINAGE ACT 1925

Land Drainage Act 1925 amended

61. (1) Section 6 (1) of the Land Drainage Act 1925* is

amended by deleting the definition of ‘‘Crown Lease’’.

(2)	Section 173 (1) (b) (iii) is amended —

(a)

bydeleting‘‘PermanentHead’’andsubstitutingthe following —

‘‘ chief executive officer

’’; and

(b)

by deleting ‘‘Lands and Surveys’’ in both places where it appears and substituting in each place the following —

‘‘ Land Administration ’’.

[* Reprinted as at 15 July 1996.

For subsequent amendments see Act No. 81 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 62

PART 37 — LAND TAX ASSESSMENT ACT 1976

Land Tax Assessment Act 1976 amended

62. (1) amended in the definition of ‘‘lot’’ —

Section 5 (1) of the Land Tax Assessment Act 1976* is

(a)	by deleting ‘‘Lands and Surveys’’ in both places where it occurs and substituting in each place the following —

‘‘ Land Administration ’’;

(b)	byinsertingafter‘‘separateCrowngrant’’the following —

‘‘

, certificate of Crown land title, qualified

certificate of Crown land title,

’’;

(c)	byinsertingafterparagraph(a)thefollowing paragraph —

‘‘

(aa) of a certificate of Crown land title, or qualified certificate of Crown land title, created and registered under the Transfer of Land Act 1893;

’’;

and

(d)	bydeletingparagraph(c)andsubstitutingthe following paragraph —

‘‘

(c)	of a survey into a location or lot under sect ion 27 (2) o f the Land Administration Act 1997;

’’.

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(2) Section 5 (1) is further amended in the definition of

‘‘registered’’ by deleting ‘‘the Department of Lands and Surveys,’’.

[* Reprinted as at 30 July 1996.

For subsequent amendments see Acts Nos. 48 and 81 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 63

PART 38 — LEGAL AID COMMISSION ACT 1976

Legal Aid Commission Act 1976 amended

63. Section 44A (10) of the Legal Aid Commission Act 1976* is amended in the definition of ‘‘relevant official’’ —

(a)

in paragraph (a), by inserting after ‘‘Transfer of Land Act 1893’’ the following —

‘‘

or Land Administration Act 1997

’’;

(b)

by inserting after paragraph (a) the following —

‘‘ or ’’;

(c)	by deleting ‘‘; or’’ at the end of paragraph (b) and substituting a full stop; and
(d)	by deleting paragraph (c).

[* Reprinted as at 14 August 1987.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 123-4 and Acts Nos. 78 of 1995 and 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 64

Act 1997

PART 39 — LITTER ACT 1979

Litter Act 1979 amended

64. Section 32 (a) (i) of the Litter Act 1979* is amended by deleting ‘‘comprised in a reserve pursuant to section 29 of the Land Act 1933, whether or not vested in or leased to’’ and substituting the following —

‘‘

reserved under Part 4 of the Land Administration Act 1997, whether or not the care, control and management of the land are placed with, or the land is leased to,

’’.

[* Reprinted as approved 20 July 1983.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 129 and Acts Nos. 78 of 1995 and 6, 14, 22 and 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 65

PART 40 — LOCAL GOVERNMENT (MISCELLANEOUS

PROVISIONS) ACT 1960

Principal Act

65. In this Part the Local Government (Miscellaneous

Provisions) Act 1960* is referred to as the principal Act.

[* Reprinted as at 18 September 1996.

For subsequent amendments see Acts Nos. 49 and 81 of 1996.]

Division 1 of Part XII (except for section 295) repealed, and savings and transitional

66. (1) Sections 285, 286, 287, 288, 288A, 288B, 289, 290,

291, 292, 293, 294 and 294A of the principal Act are repealed.

(2) Any action taken under one or more of the sections repealed by subsection (1) and completed before the commencement of this section is to be treated for the purposes of the Land Administration Act 1997 as if it had been taken under the corresponding section or sections of Part 5 of that Act.

(3) Any action taken under one or more of the sections repealed by subsection (1) but not completed before the commencement of this section —

(a)	may be completed as if that section or those sections had not been repealed; and
(b)	is on completion to be treated for the purposes of the Land Administration Act 1997 as if it had been taken under the corresponding section or sections of Part 5 of that Act.

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For the purposes of subsections (2) and (3), a reference in a section repealed by subsection (1) to an expression with a particular meaning in the principal Act is to be taken to be a reference to an expression with a corresponding meaning in the Land Administration Act 1997.

(4)

Section 297A repealed, and savings and transitional

67.

(1)

Section 297A of the principal Act is repealed.

Any action taken under section 297A of the principal Act and completed before the commencement of this section is to be treated for the purposes of the Land Administration Act 1997 as if it had been taken under section 52 of that Act.

(2)

Any action taken under section 297A of the principal Act but not completed before the commencement of this section —

(3)

(a)	maybecompletedasifthatsectionhadnotbeen repealed; and
(b)	is on completion to be treated for the purposes of the Land Administration Act 1997 as if it had been taken under section 52 of that Act.

For the purposes of subsections (2) and (3), a reference in section 297A of the principal Act to an expression with a particular meaning in that section is to be taken to be a reference to an expression with a corresponding meaning in the Land Administration Act 1997.

(4)

Acts Amendment (Land Administration)

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Act 1997

s. 68

PART 41 — MAIN ROADS ACT 1930

Main Roads Act 1930 amended

68. (1) Section 16 (4) of the Main Roads Act 1930* is

amended —

(a)	by deleting ‘‘section 112 and section 112A of the Public Works Act 1902’’ and substituting the following —

‘‘

Division 4 of Part 9 of the Land

Administration Act 1997

’’;

and

(b)	by deleting ‘‘the provisions of section 113 and section 113A of that Act shall also apply’’ and substituting the following —

‘‘

section 203 of that Act applies, and section 113A of the Public Works Act 1902 applies as if the powers had been conferred under that Act.

’’.

(2)	Section 28 (11) is amended —

(a)	bydeleting‘‘resumed’’andsubstitutingthe following —

‘‘ compulsorily taken ’’;

(b)	bydeleting‘‘thePublicWorksAct1902’’and substituting the following —

‘‘

Part 10 of the Land Administration

Act 1997

’’;

and

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Act 1997

(c)	bydeleting‘‘resumption’’andsubstitutingthe following —

‘‘ taking ’’.

(3)	Section 28A (2) is amended —

(a)

in paragraph (h) —

(i)	bydeleting‘‘PartIIIofthePublicWorks Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration

Act 1997

’’;

and

(ii) bydeleting‘‘apply’’andsubstitutingthe following —

‘‘ applies ’’;

and

(b)

in paragraph (i) —

(i)	bydeleting‘‘PartIII’’andsubstitutingthe following —

‘‘ Part 10 ’’;

(ii) bydeleting‘‘section36’’andsubstitutingthe following —

‘‘ section 207 ’’; and

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Act 1997

s. 68

(iii) by deleting ‘‘reference in that section to the date of publication in the Gazette of the notice of taking land were a reference to’’ and substituting the following —

‘‘

the period of 6 months referred to in subsection (1) of that section begins on

’’.

[* Reprinted as at 10 September 1987.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 134-5 and Acts Nos. 10, 14 and 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 69

Act 1997

PART 42 — METROPOLITAN (PERTH) PASSENGER

TRANSPORT TRUST ACT 1957

Metropolitan (Perth) Passenger Transport Trust Act 1957 amended

69. Section 25 (6) (c) (i) of the Metropolitan (Perth) Passenger Transport Trust Act 1957* is amended by deleting ‘‘that Act;’’ and substituting the following —

‘‘

the Public Works Act 1902;

’’.

[* Reprinted as approved 3 March 1975.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 141 and Acts Nos. 78 of 1995 and 41 and 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 70

PART 43 — METROPOLITAN REGION TOWN PLANNING

SCHEME ACT 1959

Metropolitan Region Town Planning Scheme Act 1959 amended

70. (1) Section 37 (5) (a) of the Metropolitan Region Town Planning Scheme Act 1959* is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997

’’.

(2)	Section 37 (7) (a) is amended —

(a)	by deleting ‘‘the Public Works Act 1902 or any other Act’’ and substituting the following —

‘‘ any Act ’’; and

(b)	by deleting ‘‘section 29 of the first-mentioned Act’’ and substituting the following —

‘‘

Division 5 of Part 9 of the Land Administration

Act 1997

’’.

(3)	Section 37A (3) is amended —

(a)	bydeleting‘‘thePublicWorksAct1902’’and substituting the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997

’’;

and

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s. 70

Act 1997

(b)	bydeleting‘‘forWorks’’andsubstitutingthe following —

‘‘ administering that Act ’’.

[* Reprinted as at 7 March 1996.

For subsequent amendments see Acts Nos. 14, 23, 49 and 81 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 71

PART 44 — MINING ACT 1978

Mining Act 1978 amended

71.	(1)	Section 8 (1) of the Mining Act 1978* is amended —
(a)	inthedefinitionof‘‘Crownland’’,bydeleting paragraph (d) and substituting the following paragraph —
‘‘

(d)	landthatisatownsitewithinthe meaning of the Land Administration Act 1997;

’’;

and

(b)	inthedefinitionof‘‘publicpurpose’’bydeleting ‘‘pursuant to section 29 of the Land Act 1933’’ and substituting the following —

‘‘

under Part 4 of the Land Administration

Act 1997

’’.

(2) Section 16 (3) is amended by deleting ‘‘granted, or

disposed of ’’ and substituting the following —

‘‘

transferred in fee simple, or otherwise disposed of

’’.

(3)	Section 21 (1) is amended —

(a)	bydeleting‘‘toberesumed’’andsubstitutingthe following —

‘‘ to be taken ’’;

(b)	by deleting ‘‘or resumed’’;

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Act 1997

(c)

by deleting ‘‘the Land Acquisition and Public Works Act 1902’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997

’’; and

(d)

by deleting ‘‘or resumption’’.

(4)	Section 21 (2) is amended by deleting ‘‘or resumed’’.
(5)	Section 21 (3) is amended —

(a)	by deleting ‘‘or resumption’’;
(b)	by deleting ‘‘the Land Acquisition and Public Works Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration

Act 1997

’’;

and

(c)	bydeleting‘‘resumed’’andsubstitutingthe following —

‘‘ taken ’’.

(6)	Section 21 (4) is amended —

(a)	by deleting ‘‘the Land Acquisition and Public Works Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration

Act 1997

’’;

and

(b)	bydeleting‘‘orresumed’’inbothplaceswhereit occurs.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 71

(7)	Section 22 is amended —

(a)	by deleting ‘‘or resumed’’; and
(b)	by deleting ‘‘the Land Acquisition and Public Works Act 1902’’ and substituting the following —

‘‘ Part 9 of the Land Administration Act 1997 ’’.

(8)	Section 24 (1) (a) is amended —

(a)	bydeleting‘‘section28oftheLandAct1933’’and substituting the following —

‘‘

Schedule 1 to the Land Administration

Act 1997

’’;

and

(b)	bydeleting‘‘pursuanttoPartIIIofthatActand classified as of Class ‘‘A’’ ’’ and substituting the following —

‘‘

under Part 4 of that Act and classified as a

class A reserve

’’.

Section 24 (1) (b) (ii) is amended by deleting ‘‘pursuant to Part III of the Land Act 1933 and classified as of Class ‘‘A’’ ’’ and substituting the following —

(9)

‘‘

under Part 4 of the Land Administration Act 1997 and

classified as a class A reserve

’’.

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(10)	Section 24 (1) (b) (iii) is amended —

(a)	bydeleting‘‘pursuanttoPartIIIoftheLand Act 1933’’ and substituting the following —

‘‘

under Part 4 of the Land Administration

Act 1997

’’;

and

(b)

by deleting ‘‘as of Class ‘‘A’’ ’’ and substituting the following —

‘‘

as a class A reserve

’’.

(11)	Section 24 (1) (c) is amended —

(a)	bydeleting‘‘pursuanttoPartIIIoftheLand Act 1933,’’ and substituting the following —

‘‘

under Part 4 of the Land Administration

Act 1997,

’’;

and

(b)	bydeletingsubparagraph(iv)andsubstitutingthe following subparagraph —

‘‘

(iv) landthatisatownsitewithinthe meaning of the Land Administration Act 1997.

’’.

(12)	Section 25 (1) (d) is deleted and the following paragraph

is substituted —

‘‘

(d)	any land that is a townsite within the meaning of the Land Administration Act 1997.

’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 71

(13) Section 26A (1) is amended by deleting ‘‘reserved or constituted as a townsite under the Land Act 1933’’ and substituting the following —

‘‘

that is a townsite within the meaning of the Land

Administration Act 1997

’’.

Section 26A (3) (b) is amended by deleting ‘‘reserved or

constituted as a townsite under the Land Act 1933’’ and

substituting the following —

(14)

‘‘

a townsite within the meaning of the Land

Administration Act 1997

’’.

(15) Section 26A (8) is amended by deleting ‘‘the Land Acquisition and Public Works Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997

’’.

Section 26A (9) is amended by deleting ‘‘Section 16 of

the Land Acquisition and Public Works Act 1902’’ and

substituting the following —

(16)

‘‘

Section 205 of the Land Administration Act 1997

’’.

Section 117 (1) is amended by inserting after ‘‘Crown grant’’, in both places where it occurs, the following —

(17)

‘‘

, transfer of Crown land in fee simple,

’’.

(18)	Section 117 (2) is amended by inserting after ‘‘Crown

grant’’ the following —

‘‘

, transfer of Crown land in fee simple,

’’.

[* Reprinted as at 27 February 1996.

For subsequent amendments see Acts Nos. 14 and 54 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 72

Act 1997

PART 45 — MURDOCH UNIVERSITY ACT 1973

Murdoch University Act 1973 amended

72. Section 28 (1) (a) of the Murdoch University Act 1973* is

amended by deleting ‘‘to Her Majesty under the Land Act 1933’’

and substituting the following —

‘‘

under Part 4 of the Land Administration Act 1997

’’.

[* Act No. 20 of 1973.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 151 and Acts Nos. 78 of 1995 and 22 and 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 73

PART 46 — MUSEUM ACT 1969

Museum Act 1969 amended

73. Section 30 (1) of the Museum Act 1969* is amended by deleting ‘‘to Her Majesty under the Land Act 1933’’ and substituting the following —

‘‘

under the Land Administration Act 1997

’’.

[* Act No. 90 of 1969.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 151-2 and Acts Nos. 78 of 1995 and 14, 22 and 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 74

Act 1997

PART 47 — PAINTERS’ REGISTRATION ACT 1961

Painters’ Registration Act 1961 amended

74. Clause 3 of the Schedule to the Painters’ Registration Act 1961* is amended by deleting ‘‘defined for the purposes of the Land Act 1933, in section 28 of that Act,’’ and substituting the following —

‘‘

described in Schedule 1 to the Land Administration

Act 1997,

’’.

[* Reprinted as at 9 May 1991.

For subsequent amendments see Acts Nos. 14 and 81 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 75

PART 48 — PARKS AND RESERVES ACT 1895

Parks and Reserves Act 1895 amended

75. (1) Section 2 of the Parks and Reserves Act 1895* is amended in the definition of ‘‘parks and reserves’’ by deleting ‘‘Part III of the Land Act 1933’’ and substituting the following —

‘‘

Part 4 of the Land Administration Act 1997

’’.

Section 3 (1) is amended by deleting ‘‘Part III of the Land Act 1933’’ and substituting the following —

(2)

‘‘

Part 4 of the Land Administration Act 1997

’’.

(3)	Section 3 (6) is repealed and the following subsection is

substituted —

‘‘

Subject to section 5 (3), (4), (4a) and (5), if a Board that is constituted a body corporate under subsection (4) —

(6)

(a)	has had land vested in it under section 33 of the Land Act 1933 with power to lease, the Board shall be taken always to have had power to lease the land under and subject to that Act; or
(b)	hasthecare,controlandmanagementof land placed with it under Part 4 of the Land Administration Act 1997 with power to lease, the Board has the power to lease the land under and subject to that Act.

’’.

[* Reprinted as approved 31 January 1979.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 160 and Act No. 78 of 1995.]

No. 31]

Acts Amendment (Land Administration)

s. 76

Act 1997

PART 49 — PETROLEUM ACT 1967

Petroleum Act 1967 amended

Section 10 of the Petroleum Act 1967* is amended by deleting the portion of the section that begins ‘‘Every Crown grant’’ and ends ‘‘be deemed to contain,’’ and substituting the following —

76. (1)

‘‘

Every —

(a)	CrowngrantandleaseunderanyAct relating to Crown land issued before the coming into operation of this Act shall be deemed to have contained; and
(b)	Crown grant, transfer of Crown land in fee simple, and lease under any Act relating to Crown land issued on or after the coming into operation of this Act shall contain, or if not containing those reservations, be deemed to contain,

’’.

Section 11 (3) is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

(2)

‘‘

Part 10 of the Land Administration Act 1997

’’.

(3)	Section 12 (1) is amended —

(a)	bydeleting‘‘resume’’andsubstitutingthe following —

‘‘ take ’’;

(b)	bydeleting‘‘resumed’’andsubstitutingthe following —

‘‘ taken ’’; and

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[No. 31

Act 1997

s. 76

(c)	bydeleting‘‘resumption’’andsubstitutingthe following —

‘‘ taking ’’.

(4)	Section 12 (2) is amended —

(a)	by deleting ‘‘resumed’’ in each place where it occurs and substituting in each place the following —

‘‘ taken ’’; and

(b)	bydeleting‘‘resume’’andsubstitutingthe following —

‘‘ take ’’.

(5)	Section 12 (3) is amended —

(a)	bydeleting‘‘resumption’’andsubstitutingthe following —

‘‘ taking ’’; and

(b)	bydeleting‘‘thePublicWorksAct1902’’and substituting the following —

‘‘

Part 10 of the Land Administration

Act 1997

’’.

[* Reprinted as at 17 December 1992.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 168 and Act No. 14 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 77

Act 1997

PART 50 — PETROLEUM PIPELINES ACT 1969

Petroleum Pipelines Act 1969 amended

77. (1)

Section 4 (1) of the Petroleum Pipelines Act 1969* is amended in paragraph (a) (ii) of the definition of ‘‘owner’’ by deleting ‘‘grant the fee simple under the Land Act 1933’’ and substituting the following —

‘‘

transfer the land in fee simple under the Land

Administration Act 1997

’’.

Section 19 (1) is amended by deleting ‘‘of that Act,’’ and substituting the following —

(2)

‘‘

of the Public Works Act 1902,

’’.

(3)	Section 19 (3) (b) is amended —

(a)	bydeleting‘‘thePublicWorksAct1902,’’and substituting the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997,

’’;

and

(b)

by deleting ‘‘Minister for Works’’ and substituting the following —

‘‘ Minister administering that Act

’’.

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s. 77

(4)	Section 19 (4) is amended —

(a)

in paragraph (a) —

(i)	by inserting after ‘‘Transfer of Land Act 1893’’ the following —

‘‘	or Land Administration Act 1997 ’’; and

(ii) by deleting ‘‘under that Act’’;

(b)	by inserting after paragraph (a) the following —

‘‘ or ’’;

(c)	by deleting the semicolon at the end of paragraph (b) and substituting a full stop; and
(d)	by deleting paragraph (c).

(5)	Section 20 (1) is amended by deleting ‘‘section 33A of the

Public Works Act 1902’’ and substituting the following —

‘‘

section 195 of the Land Administration Act 1997

’’.

(6)	Section 20 (3) is amended —

(a)

by deleting ‘‘, the Registrar of Deeds and the Minister for Lands’’ and substituting the following —

‘‘

or the Registrar of Deeds

’’;

(b)

in paragraph (d), by deleting the semicolon at the end of the paragraph and substituting the following —

‘‘ or the Land Administration Act 1997; or ’’; and

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Act 1997

(c)	by deleting paragraphs (e) and (f) and substituting the following paragraph —

‘‘

(e)	is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893.

’’.

Section 20 (4) is amended by deleting ‘‘, the Registrar of Deeds or Minister for Lands’’ and substituting the following —

(7)

‘‘ or Registrar of Deeds

’’.

The provisions set out in the Table to this subsection are

amended by deleting ‘‘, the Registrar of Deeds or the Minister for

Lands’’ and substituting the following —

(8)

‘‘ or Registrar of Deeds

’’.

Table

section 20 (5) (a)	section 20 (6) (a)
section 20 (5) (b)

[* Reprinted as at 19 February 1992.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 168 and Act No. 14 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 78

PART 51 — REGIONAL DEVELOPMENT COMMISSIONS

ACT 1993

Regional Development Commissions Act 1993 amended

78. Section 41 (1) of the Regional Development Commissions Act 1993* is amended by deleting ‘‘the Minister administering the Land Act 1933’’.

[* Act No. 53 of 1993.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 188 and Acts Nos. 14 and 41 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 79

Act 1997

PART 52 — RIGHTS IN WATER AND IRRIGATION

ACT 1914

Rights in Water and Irrigation Act 1914 amended

79. (1) Section 17 (1) of the Rights in Water and Irrigation Act 1914* is amended by inserting after ‘‘granted’’ the following —

‘‘

, transferred in fee simple,

’’.

(2)	Section 17 (2) is amended —

(a)

by deleting ‘‘the grant or demise’’ and substituting the following —

‘‘

the grant, transfer, or demise

’’; and

(b)

bydeleting‘‘grantorlease.’’andsubstitutingthe following —

‘‘

grant, transfer of Crown land in fee simple,

or lease.

’’.

[* Reprinted as at 2 April 1996.

For subsequent amendments see Acts Nos. 14, 49 and

81 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 80

PART 53 — RURAL HOUSING (ASSISTANCE) ACT 1976

Rural Housing (Assistance) Act 1976 amended

80. Section 3 of the Rural Housing (Assistance) Act 1976* is amended in the definition of ‘‘holding’’ —

(a)	bydeletingparagraph(b)andsubstitutingthe following —

‘‘

(b)

land of which an approved farmer is the lessee —

(i)	underapastoralleasegranted under Part 7 of the Land Administration Act 1997; or
(ii)	underanyotherleasegranted under that Act and on which the approved farmer conducts activities related to primary production;

’’;

(b)	by deleting ‘‘or’’ after paragraph (c); and
(c)	by deleting paragraph (d).

[* Act No. 26 of 1976.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 196 and Act No. 49 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 81

Act 1997

PART 54 — SOIL AND LAND CONSERVATION ACT 1945

‘‘the provisions of section sixty-eight of this Act’’ and substituting

the following —

‘‘ sections 68 and 81T	’’.
Section 214 amended

129. Section 214 of the principal Act is amended by inserting

after —

(a)	‘‘214.’’ the following —

‘‘ (1) ’’; and

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Acts Amendment (Land Administration)

s. 130

Act 1997

(b)	the existing section the following subsection — ‘‘

(2)	Section 51 of the Justices Act 1902

does not apply to any offence under subsection (1) in respect of the registration of any dealing in Crown land.

’’.

Section 229A amended

130. Section 229A (5) of the principal Act is amended by

inserting after ‘‘Part IVA’’ the following —

‘‘

or granted under section 144 of the Land

Administration Act 1997

’’.

Section 229B amended

131. Section 229B of the principal Act is amended by inserting

after subsection (3) the following subsection —

‘‘

This section does not apply to any easement

granted under section 144 of the Land Administration

Act 1997.

(4)

’’.

Section 243 repealed and section 243 substituted

132. Section 243 of the principal Act is repealed and the

following section is substituted —

‘‘

Revesting of land held by Crown in fee simple as

Crown land

243. (1) The Registrar may, on registering a ministerial order made under section 82 of the Land Administration Act 1997 —

(a)	cancelthecertificateoftitleoftheland revested;

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s. 133

(b)	by notice in writing served on the person having possession of the duplicate of that certificate of title, require that person to deliver up that duplicate to the Registrar; and
(c)	cancel that duplicate.

If a person does not comply with a requisition made against him under subsection (1) (b) within 30 days after the service on him of the relevant notice, the Registrar may act against the person under section 76 (1) as if that requisition were a requisition made against the person under that section and section 76 (2) applies accordingly.

(2)

’’.

Nineteenth Schedule amended

133. The Nineteenth Schedule to the principal Act is amended

by —

(a)

inserting after ‘‘whether extended or not or charges’’ the following —

‘‘ or interests in land

’’;

(b)

deleting ‘‘Also to purchase land.’’ and substituting the following —

‘‘

Also to purchase land and interests in land.

’’;

(c)

insertingafter‘‘alloranysuchlandsorleases’’the following —

‘‘ or interests ’’; and

(d)	inserting before ‘‘freehold tenure’’ the following — ‘‘ Crown or ’’.

No. 31]

Acts Amendment (Land Administration)

s. 134

Act 1997

PART 61 — UNITING CHURCH IN AUSTRALIA ACT 1976

Uniting Church in Australia Act 1976 amended

134. (1) Section 23 (3) of the Uniting Church in Australia

Act 1976* is amended by deleting ‘‘, the Land Act 1933’’.

(2) Section 32 (2) is amended by deleting ‘‘, the Land

Act 1933’’.

[* Act No. 139 of 1976.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 229.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 135

PART 62 — VALUATION OF LAND ACT 1978

Valuation of Land Act 1978 amended

Section 4 (1) of the Valuation of Land Act 1978* is amended in the definition of ‘‘townsite’’ by deleting paragraph (iii), and ‘‘and’’ after that paragraph, and substituting the following —

135. (1)

‘‘

(iii) anylandthatiscurrentlyatownsitewithinthe meaning of the Land Administration Act 1997 or any Act repealed thereby; and

’’.

Section 4 (1) is further amended in paragraph (b) (i) (I) of

the definition of ‘‘unimproved value’’ by deleting ‘‘Land Act 1933’’

and substituting the following —

(2)

‘‘

Land Administration Act 1997, or any Act repealed thereby,

’’.

[* Reprinted as at 23 April 1996.

For subsequent amendments see Acts Nos. 14, 77 and

81 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 136

Act 1997

PART 63 — WAR SERVICE LAND SETTLEMENT SCHEME

ACT 1954

War Service Land Settlement Scheme Act 1954 amended

136. (1) Section 7 (a) of the War Service Land Settlement Scheme Act 1954* is amended by deleting ‘‘surrender the lease instrument and obtain in place of it a Crown grant’’ and substituting the following —

‘‘

obtain in place of the lease a transfer

’’.

Section 8 (1) is amended in the definition of ‘‘registration authority’’ by deleting ‘‘the Under Secretary for Lands,’’.

(2)

[* Act No. 29 of 1954.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 234 and Act No. 49 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 137

PART 64 — WATER AGENCIES (POWERS) ACT 1984

Water Agencies (Powers) Act 1984 amended

137. (1) Section 8 (3) of the Water Agencies (Powers) Act 1984* is amended by deleting ‘‘, the Registrar of Deeds, or the Minister for the time being administering the Land Act 1933’’ and substituting the following —

‘‘

or the Registrar of Deeds

’’.

Section 62 (2) is amended by deleting ‘‘the Public Works Act 1902,’’ and substituting the following —

(2)

‘‘

Part 10 of the Land Administration Act 1997,

’’.

(3)	Section 70 (3) is amended —

(a)	in paragraph (b), by deleting ‘‘or resume’’; and
(b)	in paragraph (c), by deleting ‘‘section 25 of the Public Works Act 1902.’’ and substituting the following —

‘‘

section 176 of the Land Administration

Act 1997.

’’.

(4) Section 71 (2) is amended by deleting ‘‘section 17, 82, 83A, 112 or 112A of the Public Works Act 1902’’ and substituting the following —

‘‘

Subdivision 2 of Division 3, or Division 4, of Part 9 of the Land Administration Act 1997 or section 82 or 83A of the Public Works Act 1902

’’.

No. 31]

Acts Amendment (Land Administration)

s. 137

Act 1997

Section 72 (5) is amended by deleting ‘‘or resumption of

any land under Part II of the Public Works Act 1902’’ and

substituting the following —

(5)

‘‘

of any land under Part 9 of the Land Administration

Act 1997

’’.

(6) Section 74 is amended by deleting ‘‘Public Works

Act 1902’’ and substituting the following —

‘‘ Land Administration Act 1997 ’’.

(7) Section 75 (1) is amended by deleting ‘‘or resumption pursuant to the Public Works Act 1902,’’ and substituting the following —

‘‘

under Part 9 of the Land Administration Act 1997,

’’.

(8)	Section 77 (2) is amended by deleting ‘‘section 29 of the

Public Works Act 1902’’ and substituting the following —

‘‘

Division 5 of Part 9 of the Land Administration

Act 1997

’’.

(9) Section 78 (2) is amended by deleting ‘‘or compulsory resumption for any public work, sections 29, 29A and 29B of the Public Works Act 1902’’ and substituting the following —

‘‘

for any public work, sections 187, 188, 189, 190,

and 191 of the Land Administration Act 1997

’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 137

Section 81 (3) (b) is amended by deleting ‘‘the Public Works Act 1902,’’ and substituting the following —

(10)

‘‘

Part 10 of the Land Administration Act 1997,

’’.

Section 81 (5) is amended by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

(11)

‘‘

Parts 9 and 10 of the Land Administration Act 1997

’’.

Section 81 (8) and (9) are repealed and the following subsections are substituted —

(12)

‘‘

For the purposes of this Act or a relevant Act, where the Commission or the Corporation so requires the Commission or the Corporation may exercise any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to or in relation to the compulsory taking of any land, or the entry on, occupation or use of any land, pursuant to this Act or a relevant Act any reference in that Act or those Parts to the relevant Minister, or to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act or a relevant Act as a reference to the Commission or the Corporation and that Act or those Parts may be construed accordingly.

(8)

(9) Subsection (8) does not prevent the relevant Minister from exercising the relevant Minister’s powers under the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 on behalf of the Commission or the Corporation when requested by the Commission or the Corporation to do so.

’’.

No. 31]

Acts Amendment (Land Administration)

s. 137

Act 1997

(13) Section 81 (10) is amended by deleting ‘‘the Public

Works Act 1902’’ and substituting the following —

‘‘

Part 10 of the Land Administration Act 1997

’’.

(14)	Section 81 (11) is amended —

(a)	by deleting ‘‘subparagraph (i) of section 17 (2) (d) of the Public Works Act 1902’’ and substituting the following —

‘‘

section 175 of the Land Administration

Act 1997

’’;

and

(b)	by deleting ‘‘or resumption’’ in both places where it occurs.

(15)	Section 81 (12) is amended —

(a)	by deleting ‘‘pursuant to the Public Works Act 1902’’ and substituting the following —

‘‘

under Part 9 of the Land Administration

Act 1997

’’;

(b)

bydeleting‘‘uponpublicationintheGovernment Gazette of the notice referred to in subsection (1) of section 17 of the Public Works Act 1902, be vested in the Commission or the Corporation for the public work specified in that notice, by force of section 18 of that Act as read with this subsection, save that the Governor may, by that notice,’’ and substituting the following —

‘‘

on the registration of the relevant taking order made under section 177 of that Act,

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 137

be vested in the Commission or the Corporation for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection, save that the Minister administering that Act may, by that taking order,

’’;

and

(c)	bydeleting‘‘theGovernoronfurthernotice,’’and substituting the following —

‘‘

that Minister by a subsequent order under

that Act,

’’.

(16)

Section 81 (13) is amended —

(a)	bydeleting‘‘setapart,takenorresumed’’and substituting the following —

‘‘ taken ’’;

(b)	bydeleting‘‘thePublicWorksAct1902then notwithstanding section 18’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997 then notwithstanding section 179

’’;

and

(c)	inparagraph(b),bydeleting‘‘section34’’and substituting the following —

‘‘ section 202 ’’.

No. 31]

Acts Amendment (Land Administration)

s. 137

Act 1997

(17) After section 81 (13) the following subsection is

inserted —

‘‘

(14)	In subsections (8) and (9) —

‘‘relevant Minister’’ means the Minister administering the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997, as the case requires.

’’.

(18)	Section 83 (2) (a) is amended —

(a)	by deleting ‘‘94, 112 and 112A’’ and substituting the following —

‘‘ and 94 ’’;

(b)	byinsertingafter‘‘PublicWorksAct1902’’the following —

‘‘

and Division 4 of Part 9 of the Land

Administration Act 1997

’’;

(c)

in subparagraph (i), by inserting after ‘‘that Act’’ the following —

‘‘ or that Part

’’; and

(d)

in subparagraph (ii), by inserting after ‘‘provisions of the’’ the following —

‘‘

Land Administration Act 1997 and the

’’.

[* Reprinted as at 30 April 1996.

For subsequent amendments see Acts Nos. 78 of 1995 and 12 and 14 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 138

PART 65 — WATER BOARDS ACT 1904

Water Boards Act 1904 amended

138. Section 46 of the Water Boards Act 1904* is amended in

the proviso by deleting ‘‘the Public Works Act 1902.’’ and

substituting the following —

‘‘

Part 10 of the Land Administration Act 1997.

’’.

[* Reprinted as at 4 November 1996.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 235 and Acts Nos. 78 of 1995 and 12 and 14 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 139

Act 1997

PART 66 — WATERWAYS CONSERVATION ACT 1976

Waterways Conservation Act 1976 amended

139. (1) Section 32 (1) of the Waterways Conservation Act 1976* is repealed and the following subsection is substituted —

‘‘	(1) The Minister administering the Land Administration Act 1997 may by order under Part 4 of that Act place with the Commission the care, control and management of any land reserved under that Part of that Act.

’’.

(2)	Section 32 (2) is amended —

(a)	bydeleting‘‘OrderinCouncilmadeunder subsection (1) of this section the Governor may by that Order’’ and substituting the following —

‘‘

order referred to in subsection (1) (‘‘the management order’’), the Minister referred to in that subsection may by the management order

’’;

and

(b)

by deleting ‘‘the Governor may by a subsequent Order in Council vary or cancel that Order’’ and substituting the following —

‘‘	that Minister may by a subsequent order under Part 4 of that Act revoke the management order or vary anything to which the care, control and management of the land are made subject by the management order.

’’.

[* Reprinted as at 1 March 1996.

For subsequent amendments see Acts Nos. 78 of 1995 and 14 of 1996.]

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 140

PART 67 — WESTERN AUSTRALIAN LAND AUTHORITY

ACT 1992

Western Australian Land Authority Act 1992 amended

140. (1) Section 4 of the Western Australian Land Authority

Act 1992* is amended in the definition of ‘‘relevant official’’ —

(a)

in paragraph (a), by inserting after ‘‘Transfer of Land Act 1893’’ the following —

‘‘

or Land Administration Act 1997

’’;

(b)

by inserting after paragraph (a) the following —

‘‘ or ’’;

(c)	by deleting ‘‘; or’’ at the end of paragraph (b) and substituting a full stop; and
(d)	by deleting paragraph (c).

(2)	Section 20 (1) is amended —

(a)	by inserting after ‘‘purposes of ’’ the following — ‘‘

Parts 9 and 10 of the Land Administration

Act 1997 and

’’;

(b)	by deleting ‘‘and the Authority’’ and substituting the following —

‘‘

and, if necessary for any of those purposes,

the Authority

’’;

and

No. 31]

Acts Amendment (Land Administration)

s. 140

Act 1997

(c)

bydeleting‘‘thatAct.’’andsubstitutingthe following —

‘‘

the Public Works Act 1902.

’’.

(3)	Section 20 (2) is amended —

(a)	by inserting after ‘‘applying’’ the following —

‘‘

Parts 9 and 10 of the Land Administration

Act 1997 and

’’;

(b)	inparagraph(a),bydeleting‘‘thatAct’’and substituting the following —

‘‘ those Acts ’’; and

(c)

in paragraph (b) —

(i)	bydeleting‘‘section29ofthatAct’’and substituting the following —

‘‘

sections 187, 188, 189, 190, and 191

of the Land Administration Act 1997

’’;

and

(ii) bydeleting‘‘thatAct’’andsubstitutingthe following —

‘‘

the Public Works Act 1902

’’.

(4) Section 20 (3) is amended by deleting ‘‘resume’’ and

substituting the following —

‘‘ take ’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

s. 140

Section 26 (3) is amended by deleting ‘‘, the Registration

of Deeds Act 1856 or the Land Act 1933’’ and substituting the

following —

(5)

‘‘

or the Registration of Deeds Act 1856

’’.

(6)	Section 42 (4) and (5) are repealed.

[* Act No. 35 of 1992.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 239 and Acts Nos. 14, 41, 49 and 81 of 1996.]

No. 31]

Acts Amendment (Land Administration)

s. 141

Act 1997

PART 68 — VARIOUS REFERENCES TO ‘‘LAND

ACT 1933’’, ‘‘PUBLIC WORKS ACT 1902’’, AND

‘‘GOVERNOR’’ AMENDED

Various references to ‘‘Land Act 1933’’ amended

141. The Acts set out in Column 1 of Schedule 1 are amended

in the provision or provisions opposite them in Column 2 by

deleting ‘‘Land Act 1933’’ and substituting the following —

‘‘ Land Administration Act 1997

’’.

Various references to ‘‘the Public Works Act 1902’’ amended

142. The Acts set out in Column 1 of Schedule 2 are amended in the provision or provisions opposite them in Column 2 by deleting ‘‘the Public Works Act 1902’’ and substituting the following —

‘‘

Part 9 of the Land Administration Act 1997

’’.

Various references to ‘‘Governor’’ amended

143. The Acts set out in Column 1 of Schedule 3 are amended

in the provision of provisions opposite them in Column 2 by

deleting ‘‘Governor’’ and substituting the following —

‘‘

Minister administering the Land Administration

Act 1997

’’.

Acts Amendment (Land Administration)

[No. 31

Act 1997

Sch. 1

SCHEDULE 1

[Section 141]

DELETION OF ‘‘LAND ACT 1933’’ AND SUBSTITUTION OF

‘‘LAND ADMINISTRATION ACT 1997’’

Column 1

Column 2

Short title of Act

Provision amended

Aboriginal Affairs Planning Authority	section 41 (4)
Act 1972
Aboriginal Heritage Act 1972	section 29 (c)
Agriculture and Related Resources	section 7 (1), in the
Protection Act 1976	definition of ‘‘pastoral lease’’
Amendment of Deeds of Grant Act 1884	section 3A
Auction Sales Act 1973	section 5 (1) (a)
Cemeteries Act 1986	section 12 (a)
Conservation and Land Management	section 4 (4)
Act 1984	section 7 (4) (d) section 9 (3) (b) section 10 (2)
section 16A (1) section 17 (7) section 17A (1) section 17A (8) section 33 (1) (g) section 142 (1) section 142 (2) (in both places)
Country Areas Water Supply Act 1947	sect ion 5 (1) , in paragraph (b) of the definition of ‘‘holding’’ (in both places)
Dividing Fences Act 1961	section 3

No. 31]

Acts Amendment (Land Administration)

Sch. 1

Act 1997

Dog Act 1976	sect ion 3 (1) , in paragraph (a) of the definition of ‘‘townsite’’
Forrest Place and City Station	section 16 (1) (a)
Development Act 1985
Geraldton Foreshore and Marina	section 3 (1), in the
Development Act 1990	definition of ‘‘Crown land’’
Land Acquisition and Public Works	section 5A (b)
Act 1902	section 5B (1) (a) section 82 (1)
Land Boundaries Act 1841	section 5 section 10
Mining Act 1978	sect ion 8 (1) , in paragraphs (a) (ii) and (c) (i) of the definition of ‘‘Crown land’’
section 8 (1), in the definition of ‘‘private land’’
section 16 (3) section 20 (5) (e) section 25 (2) (b) section 25 (3) (b) section 118 section 123 (7) (a)
Petroleum Act 1967	sect ion 5 (1) , in paragraphs (c) (i) and (d) of the definition of ‘‘Crown land’’
sect ion 5 (1) , in paragraph (a) of the definition of ‘‘private land’’
section 15 (2) section 21 (1) (a) section 24 (1)
Petroleum Pipelines Act 1969	section 4 (1), in the definition of ‘ ‘ the Minister for Lands’’

Acts Amendment (Land Administration)

[No. 31

Act 1997

Sch. 1

Port Hedland Port Authority Act 1970

section 6 (3) section 6 (4)

Real Property (Foreign Governments)

section 3 (3)

Act 1951

Rural Adjustment and Finance

section 36 (2)

Corporation Act 1993

Settlement Agents Act 1981

section 46 (1)

section 46 (2) (b)

Schedule 2, clause

1 (2) (a)

Schedule 2, clause

1 (2) (e) (in both places)

Shearers’ Accommodation Act 1912

section 6 (5) (a) section 6 (5) (b)

Soil and Land Conservation Act 1945

s e c t i o n 4 , i n paragraph (d) of the definition of ‘‘Owner’’

section 19A (1) section 19A (2) section 26 (5)

section 35 (7) (b) (in

both places)

section 35 (9)

section 36 (2) (c) (in

both places)

Schedule

Stamp Act 1921

Third Schedule, item

6 (1)

Standard Survey Marks Act 1924

section 2, in the d e f i n i t i o n o f

‘ ‘ A u t h o r i z e d

l a n d

officer’’

Street Alignment Act 1844

section 7

section 12

section 17

Town Allotments (Boundaries) Act 1844

section 23

Town Boundary Marks Ordinance 1853

section 4A

No. 31]

Acts Amendment (Land Administration)

Sch. 1

Act 1997

War Service Land Settlement Scheme	section 4, in the
Act 1954	definition of ‘‘Land Act’’
Waterways Conservation Act 1976	section 5 (2) (c)
Western Australian Land Authority	section 4, in the
Act 1992	definition of ‘‘Crown land’’ section 21 (1) section 21 (2) section 21 (3) section 21 (4) section 21 (5) (b)
Western Australian Sports Centre Trust	section 9 (6)
Act 1986

Acts Amendment (Land Administration)

[No. 31

Act 1997

Sch. 2

SCHEDULE 2

[Section 142]

DELETION OF ‘‘THE PUBLIC WORKS ACT 1902’’ AND

SUBSTITUTION OF ‘‘PART 9 OF THE LAND ADMINISTRATION

Act 1997’’

Column 1

Column 2

Short title of Act

Provision amended

Country Areas Water Supply Act 1947	section 12E (6) (b) section 12EB (1) section 12EB (2)
Country Towns Sewerage Act 1948	section 11 (1) (b)
Dampier Port Authority Act 1985	section 27
Energy Corporations (Powers) Act 1979	section 28 (3) (e) section 36 section 37 (3) section 40 (1) section 45 (4) section 46 (6)
Fremantle Port Authority Act 1902	section 27A
Health Act 1911	section 65 (a) section 330A (1)
Heritage of Western Australia Act 1990	section 73 (4) section 73 (5)
Jetties Act 1926	section 6 (2)
Local Government (Miscellaneous	section 364 (11) (a)
Provisions) Act 1960
Main Roads Act 1930	section 29 (1) (b)
Marine and Harbours Act 1981	section 10
Metropolitan (Perth) Passenger Transport	section 25 (6) (a)
Trust Act 1957	section 25 (6) (c)
Metropolitan Region Town Planning	section 37 (7) (a)
Scheme Act 1959	section 37A (2)
Metropolitan Water Supply, Sewerage,	section 15
and Drainage Act 1909
Perth Market Act 1926	section 11 (3)

No. 31]

Acts Amendment (Land Administration)

Sch. 2

Act 1997

Petroleum Act 1967	section 12 (1) section 12 (2)
Petroleum Pipelines Act 1969	section 19 (1) section 19 (3) (a)
Port Hedland Port Authority Act 1970	section 26
Soil and Land Conservation Act 1945	section 26 (3)
Town Planning and Development	section 13 (1) (b)
Act 1928
Water Agencies (Powers) Act 1984	section 70 (1) (b) section 70 (3) (b) section 78 (1)
section 81 (4)
Water Boards Act 1904	section 46, paragraph (2)
Wildlife Conservation Act 1950	section 23F (9)

Acts Amendment (Land Administration)

[No. 31

Act 1997

Sch. 3

SCHEDULE 3

[Section 143]

DELETION OF ‘‘GOVERNOR’’ AND SUBSTITUTION OF

‘‘MINISTER ADMINISTERING THE LAND ADMINISTRATION

ACT 1997’’

Column 1

Column 2

Short title of Act

Provision amended

Energy Corporations (Powers) Act 1979	section 39 (2) (a)
Petroleum Act 1967	section 12 (1) section 12 (2)
Wildlife Conservation Act 1950	section 23F (9)

By Authority: JOHN A. STRIJK, Government Printer