Land Act Amendment Act (No. 2) 1956 (WA)

1956.] Land (No. 2). [No. 48.

LAND (No. 2).

5° Elizabeth IL, No. XLVIII.

No. 48 of 1956.

AN ACT to amend the Land Act, 1933-1954.

[Assented to 18th December, 1956.]

RE it enacted by the Queen's Most Excellent

Majesty, 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

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

Amendment Act (No. 2), 1956.

(2) In this Act the Land Act, 1933-1954,	Reprinted
Acts, Vol. 3,
1950.

Act No. 37 of 1933 as reprinted with amendments	Approved for reprint, 23rd
to and including Act No. 68 of 1948 incorporated	March. 1950.
pursuant to the provisions of the Amendments Incorporation Act, 1938, and as further amended by Acts Nos. 58 of 1950, 66 of 1953 and 17 of 1954,

is referred to as the principal Act.

No. 48.1 Land (No. 2). [1956.

(3) The principal Act as amended by this Act

may be cited as the Land Act, 1933-1956.

Commence-

ment.

2. This Act shall come into operation on a day

to be fixed by proclamation.

S. 15A added. 3. The principal Act is amended by adding after

section fifteen the following section:—

15A. (1) In this section

"commencing day" means the day of the coming into operation of the Land Act Amendment Act (No. 2), 1956;

"instrument" means an instrument of lease or of license, issued before the com- mencing day, whether issued under this Act or a repealed Act, or regulations made under a repealed Act;

"limited reservation" means a reservation to the Crown of a right to take market- able timber on land the subject of an instrument but only during the term or part of the term of the instrument;

"repealed Act" means an Act repealed by

this Act;

"reservation" means a reservation to the Crown of a right to take marketable timber on land the subject of an instru- ment.

(2) Where in an instrument issued before the commencing day no reservation was expressly reserved, or a limited reservation only was reserved, the Crown Grant of the land the subject of the instrument shall not be subject to a reservation, whether the Crown Grant was issued before that day, or issues after that day.

1956.] Land (No. 2). [No. 48.

(3) The provisions of subsection (2) of this

section operate in respect of a Crown Grant

(a)

notwithstanding the provisions of any y,f),011gef gated before the commencing day, L'aygli945.

whether promulgated under this Act, 6A2%1949.

p.3262;

or a repealed Act; and

17/6/1955.

P.15/0.

(b) notwithstanding that the Crown Grant was issued prior to the commencing day and expressly contained a reservation.

(4) This section is enacted to resolve any

doubts which but for this section may arise.