Land Administration Amendment Regulations 2024 (WA)

Western Australia

Land Administration Act 1997

Land Administration Amendment Regulations 2024

Western Australia

Land Administration Amendment Regulations 2024 Contents Land Administration Act 1997

Land Administration Act 1997

Land Administration Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Land Administration Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day on which the Land and Public Works Legislation Amendment Act 2023 section 6 comes into operation.

3.Regulations amended

These regulations amend the Land Administration Regulations 1998.

4.Regulation 3A amended

In regulation 3A(1) delete “Persons of the classes described in subregulation (2) are prescribed for the purposes of section 9(1)(c) of the Act” and insert:

For the purposes of section 9(1)(d) of the Act, the classes of persons described in subregulation (2) are prescribed

Note: The heading to amended regulation 3A is to read:

Classes of persons prescribed for certain delegations (Act s. 9(1)(d))

5.Regulation 3B amended

In regulation 3B delete “For the purposes of section 9(1)(c) of the Act the following are prescribed persons —” and insert:

For the purposes of section 9(1)(d) of the Act, the following persons are prescribed —

Note: The heading to amended regulation 3B is to read:

Persons prescribed (Act s. 9(1)(d))

6.Regulation 9 replaced

Delete regulation 9 and insert:

9. Requirements for closure of road at request of local government (Act s. 58)

• (1)

  Before passing a resolution to make a request to the Minister under section 58(1) of the Act for the Minister to close a road permanently, a local government must publish an advertisement containing —

  • (a)

    notice of motion for the resolution; and

  • (b)

    an invitation to the public to make submissions to the local government on the proposed closure within the period (the submission period) of 35 days after the day on which the advertisement is published.

• (2)

  The advertisement must be published in either or both of the following ways —

  • (a)

    in a newspaper circulating in the district of the local government;

  • (b)

    on the website of the local government.

• (3)

  The local government must not pass the resolution to make the request to the Minister unless —

  • (a)

    the submission period has ended; and

  • (b)

    the local government has considered any submissions made to it within the submission period.

• (4)

  If the advertisement is published in both of the ways referred to in subregulation (2) and the submission periods specified in those publications end on different days, for the purposes of subregulation (3) the submission period is taken to end on the latest of those days.

• (5)

  The local government must include the following with the request to the Minister —

  • (a)

    written confirmation that the local government has resolved to make the request, the date when the relevant resolution was passed and any other information relating to the resolution that the Minister may require;

  • (b)

    sketch plans showing the location of the road and the proposed future disposition of the land comprising the road after it has been closed;

  • (c)

    written confirmation that the local government has complied with subregulations (1) to (3);

  • (d)

    a copy of the advertisement referred to in subregulation (1);

  • (e)

    copies of any submissions made to the local government within the submission period and the local government’s comments on those submissions;

  • (f)

    any other information the local government considers relevant to the Minister’s consideration of the request.

• (6)

  This regulation does not apply to a request under section 58(1) of the Act to which regulation 9A applies.

9A. Modified requirements for certain requests by local government for closure of road (Act s. 58)

• (1)

  This regulation applies to a request to the Minister by a local government under section 58(1) of the Act for the Minister to close a road permanently if the request relates to land that —

  • (a)

    has been reserved, declared or otherwise dedicated as a road; but

  • (b)

    has never been used as a road or had a road constructed upon it.

• (2)

  The local government must include the following with the request to the Minister —

  • (a)

    written confirmation —

    • (i)

      that the request relates to land of the kind referred to in subregulation (1); and

    • (ii)

      that the local government has therefore not complied with the requirements set out in regulation 9;

  • (b)

    written confirmation that the local government has resolved to make the request, the date when the relevant resolution was passed and any other information relating to the resolution that the Minister may require;

  • (c)

    sketch plans showing the location of the road and the proposed future disposition of the land comprising the road after it has been closed;

  • (d)

    any other information the local government considers relevant to the Minister’s consideration of the request.

9B. Requirements for closure of road on Minister’s own initiative (Act s. 58A)

For the purposes of section 58A(2)(b) of the Act, the proposed closure must be advertised on the website of the Department.

K. COLLERAN, Clerk of the Executive Council