Land Amendment Act (No. 2) 1982 (WA)
WESTERN AUSTRALIA.
LAND (No. 2).
No. 79 of 1982.
AN ACT to amend the Land Act 1933-1980.
[Assented to 8 November 1982.]
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
| 1. (1) This Act may be cited as the Land Amend- ment Act (No. 2) 1982. | and citation. |
(2) In this Act the Land Act 1933-1980 is referred lati;teeddl'is
| to as the principal Act. May 1973 and | amended by | |
|
| (3) | The principal Act as amended by this Act may of 19 097 |
be cited as the Land Act 1933-1982.
| No. 79.] | Land (No. 2). | [1982. |
Commence-
| ment. | 2. The provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation. |
| Section 3 | |
| amended. | 3. Section 3 of the principal Act is amended in subsection (1)— |
| (a) | by deleting the definition of "Department" and substituting the following definition |
"Department" means the Department of the Public Service of the State through which the Minister administers this Act. " ; and
| (b) | in the definition commencing with "Minister", by deleting "and the Depart- ment of Lands and Surveys". |
Section 5
| repealed. | 4. Section 5 of the principal Act is repealed. |
| Section 12 |
| amended. | 5. Section 12 of the principal Act is amended by deleting "and the Surveyor General, or other officer authorised in that behalf by the Governor". |
| Section 14 |
| repealed. | 6. Section 14 of the principal Act is repealed. |
| Section rt |
| amended. | 7. Section 17 of the principal Act is amended by repealing subsections (2) and (3). |
| 1982.] | Land (No. 2). | [No. 79. |
8. Section 38 of the principal Act is amended in 2:=Fer.
subsection (1) by deleting "Governor" in both places where it occurs and substituting the follow- ing
" Minister "
9. Section 45B of the principal Act is amended— =,;(11%1.55
|
CC
and a place at which applications may be lodged or to which applications may be sent through the post " ; and
| (b) | in subsection (2), by deleting "Lands and Surveys Office, Perth in the State" and substituting the following- |
" place specified under subsection (1)
(b) of this section " .
10. Section 47 of the principal Act is amended ac=f7
in subsection (4)-
(a) by deleting subparagraph (ii) of paragraph (f) and substituting the following sub- paragraph
CC (ii) shall effect improvements by way
of progressively sowing to pasture or crop, or to both, such that by the end of 2 years from the date of approval of the application for the lease at least 10% of the total area of the land is or has been so sown, by the end of 5 years from that date at least 20% of the total area of the land is or has been so
| No. 79.] | Land (No. 2). | [1982. |
sown, and by the end of 11 years from that date at least 50% of the total area of the land is or has been so sown. "
| (b) | by deleting "in any one year or number of years" in the first proviso to subparagraph (ii) of paragraph (f) and substituting the following- |
" within any time " ; and
| (c) | by deleting the second proviso to sub- paragraph (ii) of paragraph (f). |
Section 98
| amended. | 11. Section 98 of the principal Act is amended— |
(a) in subsection (2)—
(i) by deleting paragraph (a) and substituting the following para- graph
" (a) one, who shall be the Chairman of the Board, shall be a person appointed for the purposes of this paragraph by the Governor or, until the first such appointment is made, shall be the person for the time being holding the office of Surveyor General under this Act; " ; and
(ii) by inserting after "appointed" in paragraph (c) the following-
" for the purposes of this
paragraph ,1 .
| 1982.] | Land (No. 2). | [No. 79. |
and
| (b) | in subsection (2d), by inserting after "shall" the following- |
" , where the member held office under
subsection (2) (c) of this section, " .
12. Section 116 of the principal Act is amended— 7,=',ITG
| (a) | by deleting "Governor may" and substitut- ing the following- |
" Minister may " ; and
| (b) | by deleting "twenty-one" and substituting the following- |
" 50 " .
| 13. Section 117 of the principal Act is amended gillocinecii | .7 |
by deleting "Governor" and substituting the follow-
ing
" Minister " .
14. After section 117A of the principal Act the Section
| following section is inserted— | inserted. |
CI
117AA. (1) The lessee of the land leased kasirfr'
under section 116 or 117 of this Act may, simple. the Minister to purchase the fee simple of the land.
whether or not the lease was granted before
the coming into operation of section 14 of the
| No. 79.] | Land (No. 2). | [1982. |
(2) Where the Minister approves an application made under subsection (1) of this section the applicant is entitled, on pay- ment of a price fixed by the Minister for the sale of the fee simple and of the Crown grant fee, and on performance of the prescribed conditions, if any, to surrender the lease and obtain in lieu thereof a grant in fee simple of the land.
(3) Regulations may make provision as to the making of applications under subsection (1) of this section. ".
| Section 135 | 15. |
Section 135 of the principal Act is amended
in subsection (1) by deleting "Lands and Surveys
Office," and substituting the following-
amended.
" office of the Department in " .
Section 139
Section 139 of the principal Act is amended in each of subsections (1) and (1a) by deleting "of Lands and Surveys," and substituting in each case the following-
16.
amended.
" in " .
Part X
| inserted. | 17. After section 172 of the principal Act the following Part is inserted |
(4
PART X.-SURVEY AND MAPPING.
Office of
| Surveyor | 173. A person shall be appointed under and subject to the Public Service Act 1978 to the office of Surveyor General and he shall be responsible, subject to section 27 of the Public Service Act 1978 and to the general control of the Minister, for the administration of this Part of this Act. |
| General. |
| 1982.] | Land (No. 2). | [No. 79. |
| 174. The surveys of all lands under the S urveys control of the Minister shall be carried out g]ggcr under the direction of the Surveyor General, General. | ?' |
| or other officer authorized in that behalf, and in accordance with the regulations in force for the guidance of surveyors employed in the Department. |
175. Plans representing all surveys carried nggyhf
out by the direction of the Minister shall be retained in the Department, and such plans or copies thereof, if certified as correct by the Surveyor General, or other officer duly authorized in that behalf, shall be accepted in every court of law as prima facie evidence respecting the alignment and width of every street, road, lane, or way and the boundaries of every lot or surveyed portion. " .
18. The Second, Third, Fourth, and Eighth and E3g1, 4th
Schedules to the principal Act are amended by W:eerWcr
deleting "of the Department of Lands and Surveys
of Our said State" in each place where it occurs
and substituting in each case the following-
" retained under the Land Act 1933 " .
19. The Sixth Schedule to the principal Act is 62.Acjieeddu/e
amended by deleting "in the Department of Lands and Surveys, in the State of Western Australia" and substituting the following-
" retained under the Land Act 1933 " .
11th
| The Eleventh Schedule to the principal Act is amended by deleting "of the Department of Lands | Schedule |
| amended. | |
| and Surveys of our State of Western Australia" and substituting the following- |
20.
" retained under the Land Act 1933 " .
| No. 79.] | Land (No. 2). | [1982. |
14th
| Schedule | 21. The Fourteenth Schedule to the principal Act is amended by deleting "of the Department of Lands and Surveys of the said State" and substituting the following- |
| amended. |
" retained under the Land Act 1933 " .
16th
| Schedule | 22. The Sixteenth Schedule to the principal Act is amended by deleting "of the Department of Lands and Surveys" and substituting the following- |
| amended. |
" retained under the Land Act 1933 " .
23rd and 24th
| Schedules | 23. The Twenty-third and Twenty-fourth Schedules to the principal Act are amended by deleting "of the Department of Lands and Surveys, in the State of Western Australia" in each place where it occurs and substituting in each case the following- |
| amended. |
" retained under the Land Act 1933 " .
25th
| Schedule | 24. | The Twenty-fifth Schedule to the principal |
| amended. | Act is amended by deleting "Lands and Surveys" and substituting the following |
| C' | .7) |
28th
The Twenty-eighth Schedule to the principal Act is amended by deleting "To the Under Secretary for Lands, Department of Lands and Surveys, Perth." and substituting the following-
| Schedule | 25. |
amended.
" To the permanent head of the Department through which the Land Act 1933 is admin- istered. " .
General
The provisions of the principal Act referred to in the schedule to this section are amended by deleting "of Lands and Surveys" in each place where it occurs.
| amend- | 26. |
ments.
Schedule to section 26.
Sections 12, 62 (2), 113 (7), 145 (3), 148, 151, and 160 (1).
| 1982.] | Land (No. 2). | [No. 79. |
27. The provisions of the principal Act referred pdligf to in the schedule to this section are amended by =I: deleting "Under Secretary for Lands" in each place
where it occurs and in each case substituting the
following
| 'C permanent head of the Department | " | • |
Schedule to section 27.
Sections 118F (2), (3), and (5); 152 (1), (2), (3), and (4); 153 (1), (3), and (4); 154; 156; 157; 158; 159 (1) and (2); 163; 167; and 168.
The Seventh, Eighteenth, and Twenty-fifth Schedules.
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