Land Act Amendment Act 1967 (WA)

No. 30.] Land. [1967.

LAND.

No. 30 of 1967.

AN ACT to amend sections forty-one A, one hundred and ten, one hundred and eleven, one hundred and thirty-nine B, one hundred and forty and one hundred and forty-three of the Land Act, 1933-1965.

[Assented to 17th November, 1967.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Land Act

Amendment Act, 1967.

Reprinted In

Vol. 18 of the	(2) In this Act the Land Act, 1933-1965 is referred
Reprinted

Acts.	to as the principal Act.
Approved for
Reprint 10th

March. 1964,	(3) The principal Act as amended by this Act may
and amended

by Acts Nos. be cited as the Land Act, 1933-1967.

20 and 65 of 39187/10/67-2m.

1967.] Land. [No. 30.

2. Subsection (1) of section forty-one A of the	S. 41A
amended.

principal Act is amended

(a)	by substituting for the word, "six" in line four, the word, "twelve"; and
(b)	by substituting for the passage, "auction," in line four, the passage, "auction or, where a period of less than twelve months has been specified for the purpose in the notices published under section thirty-nine of this Act in relation to that lot, within the period so specified, as the case requires,".

3.    Subsection (1) of section one hundred and tenamended.

of the principal Act is amended by adding after the word, "improvements" in line eight, the passage, "including, notwithstanding t h e provisions of section one hundred and forty of this Act, dwelling houses,".

4. Section one hundred and eleven of the S. 111 amended.

principal Act is amended by adding after the word, "improvements" in line four, the passage, "including, notwithstanding the provisions of section one hundred and forty of this Act, dwelling houses,".

5.    Subsection (1) of section one hundred and S 13913

thirty-nine B of the principal Act is repealed and amended.

re-enacted with amendments as follows

(1) For the purposes of this section, a

"discharged member of the forces" means

(a) a person who was a resident of the Commonwealth for the period of not less than twelve months immediately prior to the third day of September, 1939 and who became a member of any of the naval, military or air forces of His Majesty at any time subsequent to that date during the war in which His Majesty was engaged and which commenced on that date, and who has been honourably discharged after not

No. 30.] Land. [1967.

less than six months' full time service in any of those forces or, having in the opinion of the Minister been materially prejudiced by reason of service in any of those forces, has been honourably discharged after less than six months' full time service therein;

(b) a person who was, in the opinion of the Minister, for a period of not less than twelve months immediately prior to the third day of September, 1939, ordinarily resident within the Commonwealth and who was employed, at any time between the third day of September, 1939, and the fifteenth day of August, 1945, in sea-going service on

(i)  a ship engaged in tradingbetween a port of a State or

Territory of the Commonwealth and any other port, whether a port of a State or Territory of the Commonwealth or not; or

(ii) a ship being a troop transport or

hospital ship,

for not less than six months or, who being so employed for less than six months, was in the opinion of the Minister materially prejudiced by reason of that employment; or

(c) a person who was a resident of the Commonwealth for a period of not less than twelve months immediately prior to his becoming a member of any of the naval, military or air forces of the Sovereign and who, while such a member, has served in a theatre of war or hostilities approved as such by the Minister for the purposes of this paragraph, and who has been honour- ably discharged after not less than six months' full time service in any of those forces or, having in the opinion of the

1967.] Land. [No. 30.

Minister been materially prejudiced by reason of service in any of those forces, has been honourably discharged after less than six months' full time service therein. .

6.    Subsection (1) of section one hundred and amended.

forty of the principal Act is amended by deleting the passage, "ring-barking (at not more than two shillings and sixpence per acre)," in lines seventeen and eighteen.

S. 143

7. Section one hundred and forty-three of the amended.

principal Act is amended

(a)	by deleting the word, "or" appearing immediately after subparagraph (i) of paragraph (a) of subsection (2a);
(b)	by substituting for the passage, "part." in the last line of subparagraph (ii) of paragraph (a) of subsection (2a), the passage, "part; or";
(c)	by adding after subparagraph (ii) of paragraph (a) of subsection (2a) a sub- paragraph as follows

(iii) offer to sell, assign or otherwise dispose of the lease or license in whole or in part. ; and

(d) by substituting for the word, "expended", where occurring in line six and again in line seven of subsection (3), the word, "effected", in each case.