Land Act Amendment Act (No. 2) 1969 (WA)

No. 55.] Land (No. 2.). [1969.

LAND (No. 2).

No. 55 of 1969.

AN ACT to amend the Land Act, 1933-1969.

[Assented to 29th September, 1969.1

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 (No. 2), 1969.

Vol. 21 of the

Reprinted	(2) In this Act the Land Act, 1933-1969 is
Acts.

Approved referred to as the principal Act.

for reprint 14th Feb., 1968, and further	(3) The principal Act as amended by this Act
amended by

Acts Nos. 67

may be cited as the Land Act, 1933-1969.

of 1968 and

29 of 1969

1969.] Land (No. 2). [No. 55.

Commence-

2. This Act shall come into operation on a date ment.

to be fixed by proclamation.

Amendment

3. Section 41A of the principal Act is amended

to s. 41A.

(Lots unsold

(a) by adding after the word "unsold" in line

may be sold at auction

two of subsection (1) the passage "(not

within twelve at upset price

being such a lot as is referred to in sub-	months.)
section (4) of this section)".

(b) by adding after subsection (3) the follow- ing subsections

(4)

Where a town or suburban lot has been put up for sale by public auction and has been passed in as unsold, the Minister may, by notice published in the Gazette, within fourteen days after the auction, withdraw the lot from sale.

(5) Where an application is lodged or received under subsection (1) of this section in respect of a lot that has been withdrawn from sale by the Minister pursuant to subsection (4) of this section, the deposit that accompanied the application shall be refunded to the applicant named therein. .

4. The principal Act is amended by adding after S. 42A added.

section 42 a section as follows-

42A. Where the purchase money of land VII telt g. comprising a lot is forfeited pursuant to section purchase twenty-three or forty-two of this Act because Po ne or the purchaser has failed to comply with a con- Certain in dition relating to improvements on the land gra=

if

(a) the Minister is satisfied that such fail- ure by the purchaser was due to cir- cumstances that could not be foreseen by him or to circumstances beyond his control; and

No. 55.] Land (No. 2.). [1969.

(b) the land is again sold pursuant to this Act,

the Minister may, having regard to the amount for which the land has been again sold, refund to the purchaser the whole of the purchase money so forfeited or so much thereof as the Minister thinks fit. .

S. 45B added.

5. The principal Act is amended by adding after

section 45A a section as follows-

Power to sell

town and	45B. (1) Notwithstanding anything con-
suburban

land by

tained in the preceding sections of this Part of

advertise-

ment.

this Act, the Minister may, by notice published

in the Gazette

(a)	invite applications for the purchase in fee simple of any suburban or town land specified in the notice; and
(b)	specify a period within which applica- tions may be made.

(2) An application made under this section

(a)	shall be made in the prescribed form;
(b)	shall be accompanied by the prescribed deposit; and
(c)	shall be granted, subject to subsection (3) of this section, according to the order of its being lodged at or received through the post at the Lands and Surveys Office, Perth in the State.

(3) When two or more applications for the purchase of the same land are so lodged or so received on the same day, those applications shall be deemed to have been so lodged or so received at the same time, and in such case the Minister shall nominate the method of deter- mining which of those applications shall be granted. .

1969.] (Land No. 2.). [No. 55.

to :rent

6.    Subsection (1) of section 46 of the principal Am

Act is amended by adding after the word "way", LInelnairogt being the last word therein, the words "and also ztiggii.i.) land which is so situated in relation to the lands

open for selection that the Minister is of opinion that the land and lands open for selection may be conveniently worked as one holding".

7.    Subparagraph (i) of paragraph (f) of sub- =rent

section (4) of section 47 of the principal Act is (=Monad

amended by adding after the word "so" in line four nth	residence.)
. Lbe
the passage "but where the lease is issued after the coming into operation of the Land Act Amendment Act (No. 2), 1969 the lessee if required by the Minister to do so shall provide an adequate water supply before a Crown grant is issued to the lessee under subsection (5) of this section".