Land Administration Act 1997 (WA)

Western Australia

Western Australia

Land Administration Act 1997

An Act to consolidate and reform the law about Crown land and the compulsory acquisition of land generally, to repeal the Land Act 1933 and to provide for related matters.

This Act may be cited as the Land Administration Act 1997.

• (1)

  Subject to subsection (2), this Act comes into operation on such day as is fixed by proclamation.

• (2)

  Subject to section 22 of the Interpretation Act 1984, this Act is not to come into operation until all the provisions of the Transfer of Land Amendment Act 1996 have come into operation.

• (1)

  In this Act, unless the contrary intention appears —

adjoining, in relation to parcels of Crown land, includes only separated by —

• (a)

  roads; or

• (b)

  railways; or

• (c)

  watercourses or other natural features of such a character as to be insufficient to prevent the passage of stock; or

• (d)

  reserves or unallocated Crown land;

alienated land means land held in freehold;

appointed day means day fixed under section 2(1);

approved form means form for the time being approved under section 278;

authorised land officer means a person appointed under section 30 to be an authorised land officer;

Board means the Board established by section 94;

carbon covenant and carbon right have the same respective meanings as they have in the Carbon Rights Act 2003;

caveat means caveat lodged under section 20 or 21, as the case requires;

certificate of Crown land title means certificate of Crown land title (being a certificate of the radical title of the Crown) referred to in section 29 and showing the interests, dealings or caveats granted, entered in to or lodged in respect of a parcel of Crown land, and, except in that section, includes any subsidiary certificate of Crown land title —

• (a)

  created in relation to part of that parcel; and

• (b)

  referred to in that certificate of Crown land title; and

• (c)

  showing the particular interests, dealings or caveats granted, entered into or lodged in respect of that part;

certificate of title has the same meaning as it has in the TLA;

class A reserve means reserve classified as a class A reserve under section 42;

Commissioner has the meaning given in the Soil and Land Conservation Act 1945 section 4;

Commissioner of Main Roads means Commissioner of Main Roads holding office under the Main Roads Act 1930;

condition includes limitation, restriction and, when used in the sense of a stipulation, term;

condition of land, in relation to land under a pastoral lease or a diversification lease, includes the condition of the soil comprising the land and the condition of the vegetation on the land;

covenant means covenant referred to in section 15;

Crown land, subject to subsections (2), (3), (4) and (5), means all…