Land Administration Amendment Act 2009 (WA)

Western Australia

Land Administration Amendment Act 2009

Western Australia

Land Administration Amendment Act 2009

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 123 amended	2
5.	Section 124A inserted	2

124A.	Phasing in of increased rents after
determination by Valuer-General 2

6.	Section 143 amended	3
7.	Valuation of Land Act 1978 amended	4

5A. Unimproved value: pastoral leases 4

Western Australia

Land Administration Amendment Act 2009

No. 32 of 2009

An Act to amend the Land Administration Act 1997 and, in consequence, the Valuation of Land Act 1978.

[Assented to 26 November 2009]

The Parliament of Western Australia enacts as follows:

Land Administration Amendment Act 2009

s. 1

1.             Short title

This is the Land Administration Amendment Act 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             Act amended

Except as stated in section 7, this Act amends the Land

Administration Act 1997.

4.             Section 123 amended

In section 123(1) delete “section” and insert:

sections 124A and

5.             Section 124A inserted

After section 123 insert:

124A.

Phasing in of increased rents after determination by

Valuer-General

(1)

In this section —

annual rent, for a pastoral lease, includes the rent determined under section 123 for the purposes of section 124(1)(a);

determination means a determination by the

Valuer-General under section 123;

Land Administration Amendment Act 2009

s. 6

determined annual rent means the annual rent for a

pastoral lease that may be phased in by regulations

made for the purposes of subsection (2).

(2)

The regulations may provide for the phasing in of the

annual rent for a pastoral lease that, as the result of a

determination, is greater than the annual rent for the

lease that applied immediately before the

determination.

(3)

Regulations made for the purposes of subsection (2)

may provide that the annual rent payable for the

pastoral lease is, instead of the determined annual rent,

an amount —

(a)	that is less than the determined annual rent; and
(b)	that is calculated as set out in the regulations.

(4)

Regulations made for the purposes of subsection (2)

must have the effect that, within a period not greater

than 3 years after the determination, the annual rent

payable for the pastoral lease is an amount equal to the

determined annual rent.

(5)

Regulations made for the purposes of subsection (2) in

relation to a determination as at 1 July 2009 may be

expressed to have effect from that day despite that day

being earlier than —

(a)	the day on which the regulations are published in the Gazette; or
(b)	the day on which the Land Administration Amendment Act 2009 section 5 comes into operation.

6.             Section 143 amended

Delete section 143(2), (3) and (4).

Land Administration Amendment Act 2009

s. 7

7. Valuation of Land Act 1978 amended

(1)	This section amends the Valuation of Land Act 1978.
(2)	After section 4 insert:

5A. Unimproved value: pastoral leases

(1)

In this section —

pastoral lease has the meaning given in the Land

Administration Act 1997 section 3(1).

(2)

For the purposes of determining, for paragraph (b)(i) of the definition of unimproved value in section 4(1), the amount of the annual rental reserved by a pastoral

regulations made for the purposes of the Land

lease, any effect on that amount that would result from disregarded.